American Energy Innovation Act of 2020, SA 1407 — Congressional Record, Senate, March 3, 2020
Summary
Page S1351 of the Senate section of the Congressional Record for March 3, 2020, a long run of text that prints the table of contents and sections of an energy amendment, SA 1407. Titles listed include building training and assessment centers, career skills training, industrial efficiency and competitiveness, a CHP technical assistance partnership program, advanced nuclear reactor research goals and an advanced nuclear fuel security program. Provisions on carbon dioxide utilization and sequestration follow. Near the end, an amendment submitted by Mr. Thune is described as intended to be proposed to the earlier amendment.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“American Energy Innovation Act of 2020, SA 1407 — Congressional Record, Senate, March 3, 2020.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-03-03-crec-2020-03-03-pt1-pgs1351-a783d16718/
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March 3, 2020 CONGRESSIONAL RECORD — SENATE S1351
force in implementing regulatory require- CHAPTER 2—WORKER TRAINING AND CAPACITY Sec. 1507. Advanced nuclear reactor research
ments and any models developed under BUILDING and development goals.
clause (ii); Sec. 1011. Building training and assessment Sec. 1508. Nuclear energy strategic plan.
(iv) inventory current or emerging activi- centers. Sec. 1509. Advanced nuclear fuel security
ties that transform captured carbon dioxide Sec. 1012. Career skills training. program.
into a product of commercial value, or as an Sec. 1510. International nuclear energy co-
SUBPART B—INDUSTRIAL EFFICIENCY AND
input to products of commercial value; operation.
COMPETITIVENESS
(v) identify any priority carbon dioxide Sec. 1511. Integrated Energy Systems
pipelines needed to enable efficient, orderly, Sec. 1021. Purposes. Program.
Sec. 1022. Future of Industry program and
and responsible development of carbon cap- Subtitle F—Industrial Technologies
industrial research and assess-
ture, utilization, and sequestration projects PART I—INNOVATION
ment centers.
at increased scale;
Sec. 1023. CHP Technical Assistance Part- Sec. 1601. Purpose.
(vi) identify gaps in the current Federal
nership Program. Sec. 1602. Coordination of research and de-
and State regulatory framework and in ex-
Sec. 1024. Sustainable manufacturing initia- velopment of energy efficient
isting data for the deployment of carbon cap-
tive. technologies for industry.
ture, utilization, and sequestration projects
Sec. 1025. Conforming amendments. Sec. 1603. Industrial emissions reduction
and carbon dioxide pipelines;
SUBPART C—FEDERAL AGENCY ENERGY technology development pro-
(vii) identify Federal and State financing
EFFICIENCY gram.
mechanisms available to project developers;
Sec. 1031. Energy and water performance re- Sec. 1604. Industrial Technology Innovation
and
quirements for Federal build- Advisory Committee.
(viii) develop recommendations for rel-
ings. Sec. 1605. Technical assistance program to
evant Federal agencies on how to develop
Sec. 1032. Federal Energy Management Pro- implement industrial emissions
and research technologies that—
gram. reduction.
(I) can capture carbon dioxide; and
(II) would be able to be deployed within the Sec. 1033. Use of energy and water efficiency PART II—SMART MANUFACTURING
region covered by the task force, including measures in Federal buildings. Sec. 1611. Definitions.
any projects that have received technical or Sec. 1034. Federal building energy efficiency Sec. 1612. Development of national smart
financial assistance for research under para- performance standards; certifi- manufacturing plan.
graph (6) of section 103(g) of the Clean Air cation system and level for Sec. 1613. Leveraging existing agency pro-
Act (42 U.S.C. 7403(g)). green buildings. grams to assist small and me-
(E) REPORT.—Each year, each task force Sec. 1035. Energy-efficient and energy-sav- dium manufacturers.
shall prepare and submit to the Chair and to ing information technologies. Sec. 1614. Leveraging smart manufacturing
the other task forces a report that includes— Sec. 1036. High-performance green Federal infrastructure at National Lab-
(i) any recommendations for improvements buildings. oratories.
in efficient, orderly, and responsible issuance Sec. 1037. Energy efficient data centers. Sec. 1615. State manufacturing leadership.
or administration of Federal permits and SUBPART D—REBATES AND CERTIFICATIONS Sec. 1616. Report.
other Federal authorizations required under Sec. 1041. Third-Party Certification Under Subtitle G—Vehicles
a law described in paragraph (3)(B)(i); and Energy Star Program. Sec. 1701. Objectives.
(ii) any other nationally relevant informa- Sec. 1042. Extended Product System Rebate Sec. 1702. Coordination and nonduplication.
tion that the task force has collected in car- Program. Sec. 1703. Authorization of appropriations.
rying out the duties under subparagraph (D). Sec. 1043. Energy Efficient Transformer Re- Sec. 1704. Reporting.
(F) EVALUATION.—Not later than 5 years bate Program. Sec. 1705. Vehicle research and development.
after the date of enactment of this Act, the SUBPART E—MISCELLANEOUS Sec. 1706. Medium- and heavy-duty commer-
Chair shall— Sec. 1051. Advance appropriations required. cial and transit vehicles pro-
(i) reevaluate the need for the task forces; gram.
and PART II—WEATHERIZATION
Sec. 1707. Class 8 truck and trailer systems
(ii) submit to Congress a recommendation Sec. 1101. Weatherization Assistance Pro- demonstration.
as to whether the task forces should con- gram. Sec. 1708. Technology testing and metrics.
tinue. Subtitle B—Renewable Energy Sec. 1709. Nonroad systems pilot program.
Sec. 1201. Hydroelectric production incen- Sec. 1710. Repeal of existing authorities.
SA 1407. Ms. MURKOWSKI submitted tives and efficiency improve- Subtitle H—Department of Energy
an amendment intended to be proposed ments. Sec. 1801. Veterans’ health initiative.
by her to the bill S. 2657, to support in- Sec. 1202. Marine energy research and devel- Sec. 1802. Small scale LNG access.
novation in advanced geothermal re- opment. Sec. 1803. Appalachian energy for national
search and development, and for other Sec. 1203. Advanced geothermal innovation security.
leadership. Sec. 1804. Energy and water for sustain-
purposes; which was ordered to lie on Sec. 1204. Wind energy research and develop-
the table; as follows: ability.
ment. Sec. 1805. Technology transitions.
Strike all after the enacting clause and in- Sec. 1205. Solar energy research and devel- Sec. 1806. Energy Technology Commer-
sert the following: opment. cialization Fund cost-sharing.
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Subtitle C—Energy Storage Sec. 1807. State loan eligibility.
(a) SHORT TITLE.—This Act may be cited as Sec. 1301. Better energy storage technology. Sec. 1808. ARPA–E reauthorization.
the ‘‘American Energy Innovation Act of Sec. 1302. Bureau of Reclamation pumped Sec. 1809. Adjusting strategic petroleum re-
2020’’. storage hydropower develop- serve mandated drawdowns.
(b) TABLE OF CONTENTS.—The table of con- ment. TITLE II—SUPPLY CHAIN SECURITY
tents for this Act is as follows: Subtitle D—Carbon Capture, Utilization, and Subtitle A—Mineral Security
Sec. 1. Short title; table of contents. Storage Sec. 2101. Mineral security.
Sec. 2. Definitions. Sec. 1401. Fossil energy. Sec. 2102. Rare earth element advanced coal
TITLE I—INNOVATION Sec. 1402. Establishment of coal and natural technologies.
Subtitle A—Efficiency gas technology program. Subtitle B—Cybersecurity and Grid Security
Sec. 1403. Carbon storage validation and and Modernization
PART I—ENERGY SAVINGS AND INDUSTRIAL
testing.
COMPETITIVENESS PART I—CYBERSECURITY AND GRID SECURITY
Sec. 1404. Carbon utilization program.
SUBPART A—BUILDINGS Sec. 1405. Carbon removal. Sec. 2201. Incentives for advanced cybersecu-
CHAPTER 1—BUILDING EFFICIENCY Subtitle E—Nuclear rity technology investment.
Sec. 1001. Commercial building energy con- Sec. 2202. Rural and municipal utility ad-
Sec. 1501. Light water reactor sustainability
sumption information sharing. vanced cybersecurity grant and
program.
Sec. 1002. Energy efficiency materials pilot technical assistance program.
Sec. 1502. Nuclear energy research, develop-
program. Sec. 2203. State energy security plans.
ment, and demonstration.
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Sec. 2204. Enhancing grid security through
Sec. 1003. Coordination of energy retro- Sec. 1503. Advanced fuels development.
public-private partnerships.
fitting assistance for schools. Sec. 1504. Nuclear science and engineering
Sec. 2205. Enhanced grid security.
Sec. 1004. Grants for energy efficiency im- support.
provements and renewable en- Sec. 1505. University Nuclear Leadership PART II—GRID MODERNIZATION
ergy improvements at public Program. Sec. 2210. Grid storage program.
school facilities. Sec. 1506. Versatile, reactor-based fast neu- Sec. 2211. Technology demonstration on the
Sec. 1005. Smart Building Acceleration. tron source. distribution system.
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S1352 CONGRESSIONAL RECORD — SENATE March 3, 2020
Sec. 2212. Micro-grid and hybrid micro-grid Sec. 3028. Repeal of study on alternative fuel ager database of the Environmental Protec-
systems program. use in nonroad vehicles and en- tion Agency, and State and local building en-
Sec. 2213. Electric grid architecture, sce- gines. ergy disclosure laws (including regulations),
nario development, and mod- Sec. 3029. Repeal of low interest loan pro- respectively, and the manner in which those
eling. gram for small business fleet methodologies can be improved; and
Sec. 2214. Voluntary model pathways. purchases. (B) consistencies and variations in data for
Sec. 2215. Performance metrics for elec- Sec. 3030. Repeal of technical and policy buildings that were captured in the 2012
tricity infrastructure providers. analysis for replacement fuel CBECS cycle and in the Portfolio Manager
Sec. 2216. Voluntary State, regional, and demand and supply informa- database of the Environmental Protection
local electricity distribution tion. Agency.
planning. Sec. 3031. Repeal of 1992 Report on Climate (c) DATA.—The data referred in subsection
Sec. 2217. Authorization of appropriations. Change. (b)(2) includes data that—
Subtitle C—Workforce Development Sec. 3032. Repeal of Director of Climate Pro- (1) is collected through the Portfolio Man-
Sec. 2301. Definitions. tector establishment. ager database of the Environmental Protec-
Sec. 2302. Addressing insufficient compensa- Sec. 3033. Repeal of 1994 report on global cli- tion Agency;
tion of employees and other mate change emissions. (2) is required to be publicly available on
personnel of the Federal Energy Sec. 3034. Repeal of telecommuting study. the internet under State and local govern-
Regulatory Commission. Sec. 3035. Repeal of advanced buildings for ment building energy disclosure laws (in-
Sec. 2303. Report on the authority of the 2005 program. cluding regulations); and
Secretary to implement flexible Sec. 3036. Repeal of Energy Research, Devel- (3) includes information on private sector
compensation models. opment, Demonstration, and buildings that are not less than 250,000
Sec. 2304. 21st Century Energy Workforce Commercial Application Advi- square feet.
Advisory Board. sory Board. (d) PROTECTION OF INFORMATION.—In car-
Sec. 2305. National Laboratory jobs access Sec. 3037. Repeal of study on use of energy rying out the agreement, the Administrator
pilot program. futures for fuel purchase. and the Administrator of the Environmental
Sec. 2306. Clean energy workforce pilot pro- Sec. 3038. Repeal of energy subsidy study. Protection Agency shall protect information
gram. Sec. 3039. Elimination and consolidation of in accordance with—
TITLE III—CODE MAINTENANCE certain America COMPETES (1) section 552(b)(4) of title 5, United States
programs. Code (commonly known as the ‘Freedom of
Sec. 3001. Repeal of off-highway motor vehi- Sec. 3040. Repeal of prior limitation on com-
cles study. Information Act’);
pensation of the Secretary of (2) subchapter III of chapter 35 of title 44,
Sec. 3002. Repeal of methanol study.
the Interior. United States Code; and
Sec. 3003. Repeal of state utility regulatory
SEC. 2. DEFINITIONS. (3) any other applicable law (including reg-
assistance.
Sec. 3004. Repeal of authorization of appro- In this Act: ulations).
priations provision. (1) DEPARTMENT.—The term ‘‘Department’’ SEC. 1002. ENERGY EFFICIENCY MATERIALS
Sec. 3005. Repeal of residential energy effi- means the Department of Energy. PILOT PROGRAM.
ciency standards study. (2) NATIONAL LABORATORY.—The term ‘‘Na- (a) DEFINITIONS.—In this section:
Sec. 3006. Repeal of weatherization study. tional Laboratory’’ has the meaning given (1) APPLICANT.—The term ‘‘applicant’’
Sec. 3007. Repeal of report to Congress. the term in section 2 of the Energy Policy means a nonprofit organization that applies
Sec. 3008. Repeal of survey of energy saving Act of 2005 (42 U.S.C. 15801). for a grant under this section.
potential. (3) SECRETARY.—Unless otherwise specified, (2) ENERGY-EFFICIENCY MATERIAL.—
Sec. 3009. Repeal of report by General Serv- the term ‘‘Secretary’’ means the Secretary (A) IN GENERAL.—The term ‘‘energy-effi-
ices Administration. of Energy. ciency material’’ means a material (includ-
Sec. 3010. Repeal of intergovernmental en- TITLE I—INNOVATION ing a product, equipment, or system) the in-
ergy management planning and stallation of which results in a reduction in
Subtitle A—Efficiency
coordination workshops. use by a nonprofit organization of energy or
Sec. 3011. Repeal of Inspector General audit PART I—ENERGY SAVINGS AND
INDUSTRIAL COMPETITIVENESS fuel.
survey and President’s Council (B) INCLUSIONS.—The term ‘‘energy-effi-
on Integrity and Efficiency re- Subpart A—Buildings ciency material’’ includes—
port to Congress. CHAPTER 1—BUILDING EFFICIENCY (i) a roof or lighting system or component
Sec. 3012. Repeal of procurement and identi- of the system;
SEC. 1001. COMMERCIAL BUILDING ENERGY CON-
fication of energy efficient SUMPTION INFORMATION SHARING. (ii) a window;
products program. (iii) a door, including a security door;
(a) IN GENERAL.—Not later than 120 days
Sec. 3013. Repeal of photovoltaic energy pro-
after the date of enactment of this Act, the (iv) a heating, ventilation, or air condi-
gram.
Administrator of the Energy Information tioning system or component of the system
Sec. 3014. Repeal of national action plan for
Administration (referred to in this section as (including insulation and wiring and plumb-
demand response.
the ‘‘Administrator’’) and the Administrator ing improvements needed to serve a more ef-
Sec. 3015. Repeal of energy auditor training
of the Environmental Protection Agency ficient system); and
and certification.
shall sign, and submit to Congress, an infor- (v) a renewable energy generation or heat-
Sec. 3016. Repeal of national coal policy
mation sharing agreement (referred to in ing system, including a solar, photovoltaic,
study.
Sec. 3017. Repeal of study on compliance this section as the ‘‘agreement’’) relating to wind, geothermal, or biomass (including
problem of small electric util- commercial building energy consumption wood pellet) system or component of the sys-
ity systems. data. tem.
Sec. 3018. Repeal of study of socioeconomic (b) CONTENT OF AGREEMENT.—The agree- (3) NONPROFIT BUILDING.—
impacts of increased coal pro- ment shall— (A) IN GENERAL.—The term ‘‘nonprofit
duction and other energy devel- (1) provide that the Administrator shall building’’ means a building operated and
opment. have access to building-specific data in the owned by an organization that is described
Sec. 3019. Repeal of study of the use of pe- Portfolio Manager database of the Environ- in section 501(c)(3) of the Internal Revenue
troleum and natural gas in mental Protection Agency; Code of 1986 and exempt from tax under sec-
combustors. (2) describe the manner in which the Ad- tion 501(a) of such Code.
Sec. 3020. Repeal of authorization of appro- ministrator shall incorporate appropriate (B) INCLUSIONS.—The term ‘‘nonprofit
priations. data (including the data described in sub- building’’ includes a building described in
Sec. 3021. Repeal of submission of reports. section (c)) into any Commercial Buildings subparagraph (A) that is—
Sec. 3022. Repeal of electric utility con- Energy Consumption Survey (referred to in (i) a hospital;
servation plan. this section as ‘‘CBECS’’) published after the (ii) a youth center;
Sec. 3023. Emergency Energy Conservation date of enactment of this Act for the purpose (iii) a school;
repeals. of analyzing and estimating building popu- (iv) a social-welfare program facility;
Sec. 3024. Energy Security Act repeals. lation, size, location, activity, energy usage, (v) a faith-based organization; or
Sec. 3025. Nuclear Safety Research, Develop- and any other relevant building char- (vi) any other nonresidential and non-
ment, and Demonstration Act acteristic; and commercial structure.
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of 1980 repeals. (3) describe and compare— (b) ESTABLISHMENT.—Not later than 1 year
Sec. 3026. Repeal of Renewable Energy and (A) the methodologies that the Energy In- after the date of enactment of this Act, the
Energy Efficiency Technology formation Administration, the Environ- Secretary shall establish a pilot program to
Competitiveness Act of 1989. mental Protection Agency, and State and award grants for the purpose of providing
Sec. 3027. Repeal of hydrogen research, de- local government managers use to maximize nonprofit buildings with energy-efficiency
velopment, and demonstration the quality, reliability, and integrity of data materials.
program. collected through CBECS, the Portfolio Man- (c) GRANTS.—
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March 3, 2020 CONGRESSIONAL RECORD — SENATE S1353
(1) IN GENERAL.—The Secretary may award and facilitation that are currently used or provements to building envelope, air condi-
grants under the program established under may be used to help initiate, develop, and fi- tioning, ventilation, heating system, domes-
subsection (b). nance energy efficiency, renewable energy, tic hot water heating, compressed air sys-
(2) APPLICATION.—The Secretary may and energy retrofitting projects for schools; tems, distribution systems, lighting, power
award a grant under paragraph (1) if an ap- (2) establish a Federal cross-departmental systems, and controls;
plicant submits to the Secretary an applica- collaborative coordination, education, and (B) any improvement, repair, renovation,
tion at such time, in such form, and con- outreach effort to streamline communica- or installation that—
taining such information as the Secretary tion and promote available Federal opportu- (i) leads to an improvement in teacher and
may prescribe. nities and assistance described in paragraph student health, including indoor air quality,
(3) CRITERIA FOR GRANT.—In determining (1), for energy efficiency, renewable energy, daylighting, ventilation, electrical lighting,
whether to award a grant under paragraph and energy retrofitting projects that enables green roofs, outdoor gardens, and acoustics;
(1), the Secretary shall apply performance- States, local educational agencies, and and
based criteria, which shall give priority to schools— (ii) results in a reduction in school energy
applicants based on— (A) to use existing Federal opportunities costs as described in subparagraph (A);
(A) the energy savings achieved; more effectively; and (C) the installation of renewable energy
(B) the cost-effectiveness of the use of en- (B) to form partnerships with Governors, technologies (such as wind power,
ergy-efficiency materials; State energy programs, local educational, fi- photovoltaics, solar thermal systems, geo-
(C) an effective plan for evaluation, meas- nancial, and energy officials, State and local thermal energy, hydrogen-fueled systems,
urement, and verification of energy savings; government officials, nonprofit organiza- biomass-based systems, biofuels, anaerobic
and tions, and other appropriate entities, to sup- digesters, and hydropower) that provide
(D) the financial need of the applicant. port the initiation of the projects; power to a school;
(4) LIMITATION ON INDIVIDUAL GRANT (3) provide technical assistance for States, (D) the installation of zero-emissions vehi-
AMOUNT.—Each grant awarded under this sec- local educational agencies, and schools to cle infrastructure on school grounds for ex-
tion shall not exceed $200,000. help develop and finance energy efficiency, clusive use of school buses, school fleets, or
(d) REPORT.—Not later than January 1, renewable energy, and energy retrofitting students, or for the general public; and
2023, the Secretary shall submit to Congress projects— (E) the purchase or lease of zero-emissions
a report on the pilot program established (A) to increase the energy efficiency of vehicles, including school buses, fleet vehi-
under subsection (b) that describes— buildings or facilities; cles, and other operational vehicles.
(1) the net reduction in energy use and en- (B) to install systems that individually (3) LOCAL EDUCATIONAL AGENCY.—The term
ergy costs under the pilot program; and generate energy from renewable energy re- ‘‘local educational agency’’ has the meaning
(2) for each recipient of a grant under the sources; given the term in section 8101 of the Elemen-
pilot program— (C) to establish partnerships to leverage tary and Secondary Education Act of 1965 (20
(A) the geographic location of the recipi- economies of scale and additional financing U.S.C. 7801).
ent; and mechanisms available to larger clean energy (4) PARTNERING LOCAL EDUCATIONAL AGEN-
(B) the size of the organization of the re- initiatives; or CY.—The term ‘‘partnering local educational
cipient. (D) to promote— agency’’, when used with respect to an eligi-
(e) AUTHORIZATION OF APPROPRIATIONS.— (i) the maintenance of health, environ- ble entity, means the local educational agen-
There is authorized to be appropriated to mental quality, and safety in schools, includ- cy participating in the eligible entity.
carry out this section $10,000,000 for each of ing the ambient air quality, through energy (5) ZERO-EMISSIONS VEHICLE INFRASTRUC-
fiscal years 2021 through 2025, to remain efficiency, renewable energy, and energy ret- TURE.—The term ‘‘zero-emissions vehicle in-
available until expended. rofit projects; and frastructure’’ means infrastructure used to
SEC. 1003. COORDINATION OF ENERGY RETRO- (ii) the achievement of expected energy charge or fuel—
FITTING ASSISTANCE FOR SCHOOLS. savings and renewable energy production (A) a zero-emission vehicle (as defined in
(a) DEFINITION OF SCHOOL.—In this section, through proper operations and maintenance section 88.102–94 of title 40, Code of Federal
the term ‘‘school’’ means— practices; Regulations (or successor regulation)); or
(1) an elementary school or secondary (4) develop and maintain a single online re- (B) a vehicle that does not produce exhaust
school (as defined in section 8101 of the Ele- source website with contact information for emissions of any criteria pollutant (or pre-
mentary and Secondary Education Act of relevant technical assistance and support cursor pollutant) or greenhouse gas under
1965 (20 U.S.C. 7801)); staff in the Office of Energy Efficiency and any possible operational modes or condi-
(2) an institution of higher education (as Renewable Energy for States, local edu- tions.
defined in section 102(a) of the Higher Edu- cational agencies, and schools to effectively
cation Act of 1965 (20 U.S.C. 1002(a))); access and use Federal opportunities and as- (b) AUTHORITY.—From amounts made
(3) a school of the defense dependents’ edu- sistance described in paragraph (1) to de- available for grants under this section, the
cation system under the Defense Dependents’ velop energy efficiency, renewable energy, Secretary shall award competitive grants to
Education Act of 1978 (20 U.S.C. 921 et seq.) and energy retrofitting projects; and eligible entities to make energy improve-
or established under section 2164 of title 10, (5) establish a process for recognition of ments authorized by this section.
United States Code; schools that—
(4) a school operated by the Bureau of In- (c) APPLICATIONS.—
(A) have successfully implemented energy
dian Education; (1) IN GENERAL.—An eligible entity desiring
efficiency, renewable energy, and energy ret-
(5) a tribally controlled school (as defined a grant under this section shall submit to
rofitting projects; and
in section 5212 of the Tribally Controlled the Secretary an application at such time, in
(B) are willing to serve as resources for
Schools Act of 1988 (25 U.S.C. 2511)); and such manner, and containing such informa-
other local educational agencies and schools
(6) a Tribal College or University (as de- tion as the Secretary may require.
to assist initiation of similar efforts.
fined in section 316(b) of the Higher Edu- (d) REPORT.—Not later than 180 days after (2) CONTENTS.—The application submitted
cation Act of 1965 (20 U.S.C. 1059c(b))). the date of enactment of this Act, the Sec- under paragraph (1) shall include each of the
(b) DESIGNATION OF LEAD AGENCY.—The retary shall submit to Congress a report de- following:
Secretary, acting through the Office of En- scribing the implementation of this section. (A) A needs assessment of the current con-
ergy Efficiency and Renewable Energy, shall SEC. 1004. GRANTS FOR ENERGY EFFICIENCY IM- dition of the school and facilities that are to
act as the lead Federal agency for coordi- PROVEMENTS AND RENEWABLE EN- receive the energy improvements.
nating and disseminating information on ex- ERGY IMPROVEMENTS AT PUBLIC (B) A draft work plan of what the eligible
isting Federal programs and assistance that SCHOOL FACILITIES. entity proposes to achieve at the school and
may be used to help initiate, develop, and fi- (a) DEFINITIONS.—In this section: a description of the energy improvements to
nance energy efficiency, renewable energy, (1) ELIGIBLE ENTITY.—The term ‘‘eligible be carried out.
and energy retrofitting projects for schools. entity’’ means a consortium of— (C) A description of the capacity of the eli-
(c) REQUIREMENTS.—In carrying out coordi- (A) 1 local educational agency; and gible entity to provide services and com-
nation and outreach under subsection (b), (B) 1 or more— prehensive support to make the energy im-
the Secretary shall— (i) schools; provements.
(1) in consultation and coordination with (ii) nonprofit organizations; (D) An assessment of the applicant’s ex-
the appropriate Federal agencies, carry out a (iii) for-profit organizations; or pected needs of the eligible entity for oper-
review of existing programs and financing (iv) community partners that have the ation and maintenance training funds, and a
mechanisms (including revolving loan funds knowledge and capacity to partner and assist plan for use of those funds, if any.
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and loan guarantees) available in or from the with energy improvements. (E) An assessment of the expected energy,
Department of Agriculture, the Department, (2) ENERGY IMPROVEMENT.—The term ‘‘en- safety, and health benefits of the energy im-
the Department of Education, the Depart- ergy improvement’’ means— provements.
ment of the Treasury, the Internal Revenue (A) any improvement, repair, renovation, (F) A lifecycle cost estimate of the pro-
Service, the Environmental Protection or installation to a school, including school posed energy improvements.
Agency, and other appropriate Federal agen- grounds, that will result in a direct reduc- (G) An identification of other resources
cies with jurisdiction over energy financing tion in school energy costs, including im- that are available to carry out the activities
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S1354 CONGRESSIONAL RECORD — SENATE March 3, 2020
for which funds are requested under this sec- energy improvements funded by a grant (1) ESTABLISHMENT.—Not later than 1 year
tion, including the availability of utility under this section shall be paid wages at after the date of enactment of this Act, the
programs and public benefit funds. rates not less than those prevailing on simi- Secretary shall, in consultation with the Ad-
(d) PRIORITY.—In awarding grants under lar construction in the locality as deter- ministrator of General Services, establish a
this section, the Secretary shall give a pri- mined by the Secretary of Labor under sub- program to be known as the ‘‘Federal Smart
ority to eligible entities— chapter IV of chapter 31 of title 40, United Building Program’’—
(1) that have renovation, repair, and im- States Code (commonly referred to as the (A) to implement smart building tech-
provement funding needs; and ‘‘Davis-Bacon Act’’). nology; and
(2)(A) that serve a high percentage, as de- (2) COMPETITION.—Each eligible entity re- (B) to demonstrate the costs and benefits
termined by the Secretary, of students who ceiving a grant under this section shall en- of smart buildings.
are eligible for a free or reduced price lunch sure that, if the eligible entity uses grant (2) SELECTION.—
under the Richard B. Russell National funds to carry out repair or renovation (A) IN GENERAL.—The Secretary shall co-
School Lunch Act (42 U.S.C. 1751 et seq.) through a contract, any such contract proc- ordinate the selection of not fewer than 1
(which may be calculated for students in a ess— building from among each of several key
high school (as defined by section 8101 of the (A) ensures the maximum number of quali- Federal agencies, as described in paragraph
Elementary and Secondary Education Act of fied bidders, including small, minority, and (4), to compose an appropriately diverse set
1965 (20 U.S.C. 7801)) using data from the women-owned businesses, through full and of smart buildings based on size, type, and
schools that feed into the high school); or open competition; and geographic location.
(B) with a participating local educational (B) gives priority to businesses located in, (B) INCLUSION OF COMMERCIALLY OPERATED
agency designated with a school district lo- or resources common to, the State or the BUILDINGS.—In making selections under sub-
cale code of 41, 42, or 43, as determined by geographical area in which the project is paragraph (A), the Secretary may include
the National Center for Education Statistics carried out. buildings that are owned by the Federal Gov-
in consultation with the Bureau of the Cen- (h) REPORTING.—Each eligible entity re- ernment but are commercially operated.
sus. ceiving a grant under this section shall sub- (3) TARGETS.—Not later than 18 months
(e) COMPETITIVE CRITERIA.—The competi- after the date of enactment of this Act, the
mit to the Secretary, at such time as the
tive criteria used by the Secretary to award Secretary shall establish targets for the
Secretary may require, a report describing
grants under this section shall include the number of smart buildings to be commis-
the use of such funds for energy improve-
following: sioned and evaluated by key Federal agen-
ments, the estimated cost savings realized
(1) The difference between the fiscal capac- cies by 3 years and 6 years after the date of
by those energy improvements, the results of
ity of the eligible entity to carry out, and enactment of this Act.
any audit, the use of any utility programs
the needs of the partnering local educational (4) FEDERAL AGENCY DESCRIBED.—The key
and public benefit funds, and the use of per-
agency for, energy improvements at school Federal agencies referred to in paragraph
formance tracking for energy improvements.
facilities, including— (2)(A) shall include buildings operated by—
(i) BEST PRACTICES.—
(A) the current and historic ability of the (A) the Department of the Army;
(1) IN GENERAL.—The Secretary shall de-
partnering local educational agency to raise (B) the Department of the Navy;
velop and publish guidelines and best prac-
funds for construction, renovation, mod- (C) the Department of the Air Force;
tices for activities carried out under this sec-
ernization, and major repair projects for (D) the Department;
tion.
schools; (E) the Department of the Interior;
(2) DEVELOPMENT.—In carrying out para-
(B) whether the partnering local edu- (F) the Department of Veterans Affairs;
graph (1), the Secretary shall—
cational agency has been able to issue bonds and
(A) establish minimum technical require-
or receive other funds to support current in- (G) the General Services Administration.
ments for the conduct of energy audits and
frastructure needs of the partnering local (5) REQUIREMENT.—In implementing the
indoor environmental quality assessments;
educational agency; and program, the Secretary shall leverage exist-
and
(C) the bond rating of the partnering local ing financing mechanisms including energy
(B) make publicly accessible on the
educational agency. savings performance contracts, utility en-
website of the Department a brief annual re- ergy service contracts, and annual appro-
(2) The likelihood that the partnering local
port on the implementation of this section. priations.
educational agency or eligible entity will
(3) TECHNICAL ASSISTANCE.—The Secretary (6) EVALUATION.—Using the guidelines of
maintain in good condition, and operate, the
may provide technical assistance to eligible the Federal Energy Management Program
energy improvements at any facility the im-
entities to implement the guidelines and relating to whole-building evaluation, meas-
provement of which is assisted.
best practices developed under paragraph (1). urement, and verification, the Secretary
(3) The potential energy, health, and safety
(j) AUTHORIZATION OF APPROPRIATIONS.— shall evaluate the costs and benefits of the
benefits from the proposed energy improve-
There are authorized to be appropriated to buildings selected under paragraph (2), in-
ments, considering factors including the de-
carry out this section $100,000,000 for each of cluding an identification of—
gree of efficiency, energy savings, and renew-
fiscal years 2021 through 2025. (A) which advanced building technologies—
able energy generation in proportion to
school facility size and usage. SEC. 1005. SMART BUILDING ACCELERATION. (i) are most cost-effective; and
(f) USE OF GRANT AMOUNTS.— (a) DEFINITIONS.—In this section: (ii) show the most promise for—
(1) IN GENERAL.—An eligible entity receiv- (1) PROGRAM.—The term ‘‘program’’ means (I) increasing building energy savings;
ing a grant under this section shall use the the Federal Smart Building Program estab- (II) increasing service performance to
grant amounts only to make the energy im- lished under subsection (b)(1). building occupants;
provements described in the application, (2) SMART BUILDING.—The term ‘‘smart (III) reducing environmental impacts; and
subject to the other provisions of this sub- building’’ means a building, or collection of (IV) establishing cybersecurity; and
section. buildings, with an energy system that— (B) any other information the Secretary
(2) OPERATION AND MAINTENANCE TRAIN- (A) is flexible and automated; determines to be appropriate.
ING.—An eligible entity receiving a grant (B) has extensive operational monitoring (7) AWARDS.—The Secretary may expand
under this section may use not more than 5 and communication connectivity, allowing awards made under the Federal Energy Man-
percent of the grant amounts for operation remote monitoring and analysis of all build- agement Program and the Better Building
and maintenance training for energy effi- ing functions; Challenge to recognize specific agency
ciency and renewable energy improvements (C) takes a systems-based approach in inte- achievements in accelerating the adoption of
(such as maintenance staff and teacher grating the overall building operations for smart building technologies.
training, education, and preventative main- control of energy generation, consumption, (c) SURVEY OF PRIVATE SECTOR SMART
tenance training). and storage; BUILDINGS.—
(3) AUDIT.—An eligible entity receiving a (D) communicates with utilities and other (1) SURVEY.—The Secretary shall conduct a
grant under this section may use funds under third-party commercial entities, if appro- survey of privately owned smart buildings
the grant for a third-party investigation and priate; throughout the United States, including
analysis for energy improvements (such as (E) protects the health and safety of occu- commercial buildings, laboratory facilities,
energy audits and existing building commis- pants and workers; and hospitals, multifamily residential buildings,
sioning). (F) is cybersecure. and buildings owned by nonprofit organiza-
(4) CONTINUING EDUCATION.—An eligible en- (3) SMART BUILDING ACCELERATOR.—The tions and institutions of higher education.
tity receiving a grant under this section may term ‘‘smart building accelerator’’ means an (2) SELECTION.—From among the smart
use not more than 3 percent of the grant initiative that is designed to demonstrate buildings surveyed under paragraph (1), the
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amounts to develop a continuing education specific innovative policies and approaches— Secretary shall select not fewer than 1 build-
curriculum relating to energy improve- (A) with clear goals and a clear timeline; ing each from an appropriate range of build-
ments. and ing sizes, types, and geographic locations.
(g) CONTRACTING REQUIREMENTS.— (B) that, on successful demonstration, (3) EVALUATION.—Using the guidelines of
(1) DAVIS-BACON.—Any laborer or mechanic would accelerate investment in energy effi- the Federal Energy Management Program
employed by any contractor or subcon- ciency. relating to whole-building evaluation, meas-
tractor in the performance of work on any (b) FEDERAL SMART BUILDING PROGRAM.— urement, and verification, the Secretary
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March 3, 2020 CONGRESSIONAL RECORD — SENATE S1355
shall evaluate the costs and benefits of the CHAPTER 2—WORKER TRAINING AND (c) FEDERAL SHARE.—The Federal share of
buildings selected under paragraph (1), in- CAPACITY BUILDING the cost of carrying out a career skills train-
cluding an identification of— SEC. 1011. BUILDING TRAINING AND ASSESS- ing program described in subsection (a) shall
(A) which advanced building technologies MENT CENTERS. be 50 percent.
and systems— (a) IN GENERAL.—The Secretary shall pro- (d) AUTHORIZATION OF APPROPRIATIONS.—
(i) are most cost-effective; and vide grants to institutions of higher edu- There is authorized to be appropriated to
(ii) show the most promise for— cation (as defined in section 101 of the Higher carry out this section $10,000,000, to remain
(I) increasing building energy savings; Education Act of 1965 (20 U.S.C. 1001)) and available until expended.
(II) increasing service performance to Tribal Colleges or Universities (as defined in Subpart B—Industrial Efficiency and
building occupants; section 316(b) of that Act (20 U.S.C. 1059c(b))) Competitiveness
(III) reducing environmental impacts; and to establish building training and assess-
SEC. 1021. PURPOSES.
(IV) establishing cybersecurity; and ment centers—
(1) to identify opportunities for optimizing The purposes of this subpart are—
(B) any other information the Secretary
energy efficiency and environmental per- (1) to establish a clear and consistent au-
determines to be appropriate.
formance in buildings; thority for industrial efficiency programs of
(d) LEVERAGING EXISTING PROGRAMS.— the Department;
(2) to promote the application of emerging
(1) BETTER BUILDING CHALLENGE.—As part concepts and technologies in commercial and (2) to accelerate the deployment of tech-
of the Better Building Challenge of the De- institutional buildings; nologies and practices that will increase in-
partment, the Secretary, in consultation (3) to train engineers, architects, building dustrial energy efficiency and improve pro-
with major private sector property owners, scientists, building energy permitting and ductivity;
shall develop smart building accelerators to enforcement officials, and building techni- (3) to accelerate the development and dem-
demonstrate innovative policies and ap- cians in energy-efficient design and oper- onstration of technologies that will assist
proaches that will accelerate the transition ation; the deployment goals of the industrial effi-
to smart buildings in the public, institu- (4) to assist institutions of higher edu- ciency programs of the Department and in-
tional, and commercial buildings sectors. cation and Tribal Colleges or Universities in crease manufacturing efficiency;
(2) RESEARCH AND DEVELOPMENT.— training building technicians; (4) to stimulate domestic economic growth
(A) IN GENERAL.—The Secretary shall con- (5) to promote research and development and improve industrial productivity and
duct research and development to address for the use of alternative energy sources and competitiveness;
key barriers to the integration of advanced distributed generation to supply heat and (5) to meet the future workforce needs of
building technologies and to accelerate the power for buildings, particularly energy-in- industry; and
transition to smart buildings. tensive buildings; and (6) to strengthen partnerships between
(B) INCLUSION.—The research and develop- (6) to coordinate with and assist State-ac- Federal and State governmental agencies
ment conducted under subparagraph (A) credited technical training centers, commu- and the private and academic sectors.
shall include research and development on— nity colleges, Tribal Colleges or Universities, SEC. 1022. FUTURE OF INDUSTRY PROGRAM AND
(i) achieving whole-building, systems-level and local offices of the National Institute of INDUSTRIAL RESEARCH AND AS-
SESSMENT CENTERS.
efficiency through smart system and compo- Food and Agriculture and ensure appropriate
nent integration; services are provided under this section to (a) FUTURE OF INDUSTRY PROGRAM.—Sec-
(ii) improving physical components, such each region of the United States. tion 452 of the Energy Independence and Se-
as sensors and controls, to be adaptive, an- (b) COORDINATION AND NONDUPLICATION.— curity Act of 2007 (42 U.S.C. 17111) is amend-
ticipatory, and networked; (1) IN GENERAL.—The Secretary shall co- ed—
(iii) reducing the cost of key components ordinate the program with the industrial re- (1) by striking the section heading and in-
search and assessment centers program and serting the following: ‘‘FUTURE OF INDUSTRY
to accelerate the adoption of smart building
with other Federal programs to avoid dupli- PROGRAM’’;
technologies;
cation of effort. (2) in subsection (a)(2)—
(iv) data management, including the cap-
(2) COLLOCATION.—To the maximum extent (A) by redesignating subparagraph (E) as
ture and analysis of data and the interoper-
practicable, building, training, and assess- subparagraph (F); and
ability of the energy systems;
ment centers established under this section (B) by inserting after subparagraph (D) the
(v) protecting against cybersecurity following:
threats and addressing security shall be collocated with Industrial Assess-
ment Centers. ‘‘(E) water and wastewater treatment fa-
vulnerabilities of building systems or equip- cilities, including systems that treat munic-
(c) AUTHORIZATION OF APPROPRIATIONS.—
ment; ipal, industrial, and agricultural waste;
There is authorized to be appropriated to
(vi) business models, including how busi- and’’;
carry out this section $10,000,000, to remain
ness models may limit the adoption of smart (3) by striking subsection (e); and
available until expended.
building technologies and how to support (4) by redesignating subsection (f) as sub-
SEC. 1012. CAREER SKILLS TRAINING.
transactive energy; section (e).
(vii) integration and application of com- (a) DEFINITION OF ELIGIBLE ENTITY.—In this
section, the term ‘‘eligible entity’’ means a (b) INDUSTRIAL RESEARCH AND ASSESSMENT
bined heat and power systems and energy CENTERS.—Subtitle D of title IV of the En-
nonprofit partnership that—
storage for resiliency; ergy Independence and Security Act of 2007
(1) includes the equal participation of in-
(viii) characterization of buildings and (42 U.S.C. 17111 et seq.) is amended by adding
dustry, including public or private employ-
components; at the end the following:
ers, and labor organizations, including joint
(ix) consumer and utility protections; ‘‘SEC. 454. INDUSTRIAL RESEARCH AND ASSESS-
labor-management training programs;
(x) continuous management, including the (2) may include workforce investment MENT CENTERS.
challenges of managing multiple energy sys- boards, community-based organizations, ‘‘(a) DEFINITIONS.—In this section:
tems and optimizing systems for disparate qualified service and conservation corps, ‘‘(1) ENERGY SERVICE PROVIDER.—The term
stakeholders; and educational institutions, small businesses, ‘energy service provider’ means—
(xi) other areas of research and develop- cooperatives, State and local veterans agen- ‘‘(A) any business providing technology or
ment, as determined appropriate by the Sec- cies, and veterans service organizations; and services to improve the energy efficiency,
retary. (3) demonstrates— water efficiency, power factor, or load man-
(e) REPORT.—Not later than 2 years after (A) experience in implementing and oper- agement of a manufacturing site or other in-
the date of enactment of this Act, and every ating worker skills training and education dustrial process in an energy-intensive in-
2 years thereafter until a total of 3 reports programs; dustry (as defined in section 452(a)); and
have been made, the Secretary shall submit (B) the ability to identify and involve in ‘‘(B) any utility operating under a utility
training programs carried out under this sec- energy service project.
to the Committee on Energy and Natural Re-
tion, target populations of individuals who ‘‘(2) INDUSTRIAL RESEARCH AND ASSESSMENT
sources of the Senate and the Committee on CENTER.—The term ‘industrial research and
would benefit from training and be actively
Energy and Commerce and the Committee on involved in activities relating to energy effi- assessment center’ means—
Science, Space, and Technology of the House ciency and renewable energy industries; and ‘‘(A) an institution of higher education-
of Representatives a report on— (C) the ability to help individuals achieve based industrial research and assessment
(1) the establishment of the Federal Smart economic self-sufficiency. center that is funded by the Secretary under
Building Program and the evaluation of Fed- (b) ESTABLISHMENT.—The Secretary shall subsection (b); and
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eral smart buildings under subsection (b); award grants to eligible entities to pay the ‘‘(B) an industrial research and assessment
(2) the survey and evaluation of private Federal share of associated career skills center at a trade school, community college,
sector smart buildings under subsection (c); training programs under which students con- or union training program that is funded by
and currently receive classroom instruction and the Secretary under subsection (f).
(3) any recommendations of the Secretary on-the-job training for the purpose of obtain- ‘‘(b) INSTITUTION OF HIGHER EDUCATION-
to further accelerate the transition to smart ing an industry-related certification to in- BASED INDUSTRIAL RESEARCH AND ASSESS-
buildings. stall energy efficient buildings technologies. MENT CENTERS.—
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S1356 CONGRESSIONAL RECORD — SENATE March 3, 2020
‘‘(1) IN GENERAL.—The Secretary shall pro- ‘‘(2) DUTIES.—A Center of Excellence shall to implement the recommendations of indus-
vide funding to institution of higher edu- coordinate with and advise the industrial re- trial research and assessment centers; and
cation-based industrial research and assess- search and assessment centers located in the ‘‘(B) employees of facilities that have re-
ment centers. region of the Center of Excellence, includ- ceived an assessment from an industrial re-
‘‘(2) PURPOSE.—The purpose of each insti- ing— search and assessment center work with or
tution of higher education-based industrial ‘‘(A) by mentoring new directors and staff for an industrial research and assessment
research and assessment center shall be— of the industrial research and assessment center to gain knowledge on engineering
‘‘(A) to identify opportunities for opti- centers with respect to— practices and processes to improve produc-
mizing energy efficiency and environmental ‘‘(i) the availability of resources; and tivity and energy savings.
performance, including implementation of— ‘‘(ii) best practices for carrying out assess- ‘‘(3) FEDERAL SHARE.—The Federal share of
‘‘(i) smart manufacturing; ments, including through the participation the cost of carrying out internship programs
‘‘(ii) energy management systems; of the staff of the Center of Excellence in as- described in paragraph (1) and apprenticeship
‘‘(iii) sustainable manufacturing; and sessments carried out by new industrial re- programs described in paragraph (2) shall be
‘‘(iv) information technology advance- search and assessment centers; 50 percent.
ments for supply chain analysis, logistics, ‘‘(B) by providing training to staff and stu- ‘‘(h) SMALL BUSINESS LOANS.—The Admin-
system monitoring, industrial and manufac- dents at the industrial research and assess- istrator of the Small Business Administra-
turing processes, and other purposes; ment centers on new technologies, practices, tion shall, to the maximum extent prac-
‘‘(B) to promote applications of emerging and tools to expand the scope and impact of ticable, expedite consideration of applica-
concepts and technologies in small- and me- the assessments carried out by the centers; tions from eligible small business concerns
dium-sized manufacturers (including water ‘‘(C) by assisting the industrial research for loans under the Small Business Act (15
and wastewater treatment facilities and fed- and assessment centers with specialized U.S.C. 631 et seq.) to implement rec-
erally owned manufacturing facilities); technical opportunities, including by pro- ommendations developed by the industrial
‘‘(C) to promote research and development viding a clearinghouse of available expertise research and assessment centers.
for the use of alternative energy sources to and tools to assist the centers and clients of ‘‘(i) FUNDING.—There is authorized to be
supply heat, power, and new feedstocks for the centers in assessing and implementing appropriated to the Secretary to carry out
this section $30,000,000 for each fiscal year, to
energy-intensive industries; those opportunities;
remain available until expended.’’.
‘‘(D) to coordinate with appropriate Fed- ‘‘(D) by identifying and coordinating with
(c) CLERICAL AMENDMENT.—The table of
eral and State research offices; regional, State, local, and utility energy effi- contents of the Energy Independence and Se-
‘‘(E) to provide a clearinghouse for indus- ciency programs for the purpose of facili- curity Act of 2007 (42 U.S.C. prec. 17001) is
trial process and energy efficiency technical tating efforts by industrial research and as- amended by adding at the end of the items
assistance resources; and sessment centers to connect industrial facili- relating to subtitle D of title IV the fol-
‘‘(F) to coordinate with State-accredited ties receiving assessments from those cen- lowing:
technical training centers and community ters with regional, State, local, and utility
‘‘Sec. 454. Industrial research and assess-
colleges, while ensuring appropriate services energy efficiency programs that could aid
ment centers.’’.
to all regions of the United States. the industrial facilities in implementing any
SEC. 1023. CHP TECHNICAL ASSISTANCE PART-
‘‘(c) COORDINATION.—To increase the value recommendations resulting from the assess- NERSHIP PROGRAM.
and capabilities of the industrial research ments;
(a) IN GENERAL.—Section 375 of the Energy
and assessment centers, the centers shall— ‘‘(E) by facilitating coordination between
Policy and Conservation Act (42 U.S.C. 6345)
‘‘(1) coordinate with Manufacturing Exten- the industrial research and assessment cen- is amended to read as follows:
sion Partnership Centers of the National In- ters and other Federal programs described in
‘‘SEC. 375. CHP TECHNICAL ASSISTANCE PART-
stitute of Standards and Technology; paragraphs (1) through (3) of subsection (c); NERSHIP PROGRAM.
‘‘(2) coordinate with the Federal Energy and ‘‘(a) RENAMING.—
Management Program and the Building ‘‘(F) by coordinating the outreach activi- ‘‘(1) IN GENERAL.—The Clean Energy Appli-
Technologies Program of the Department of ties of the industrial research and assess- cation Centers of the Department of Energy
Energy to provide building assessment serv- ment centers under subsection (d)(1). are redesignated as the CHP Technical As-
ices to manufacturers; ‘‘(3) FUNDING.—Subject to the availability sistance Partnership Program (referred to in
‘‘(3) increase partnerships with the Na- of appropriations, for each fiscal year, out of this section as the ‘Program’).
tional Laboratories of the Department of En- any amounts made available to carry out ‘‘(2) PROGRAM DESCRIPTION.—The Program
ergy to leverage the expertise, technologies, this section under subsection (i), the Sec- shall consist of—
and research and development capabilities of retary shall use not less than $500,000 to sup- ‘‘(A) the 10 regional CHP Technical Assist-
the National Laboratories for national in- port each Center of Excellence. ance Partnerships in existence on the date of
dustrial and manufacturing needs; ‘‘(f) EXPANSION OF INDUSTRIAL RESEARCH enactment of the American Energy Innova-
‘‘(4) increase partnerships with energy AND ASSESSMENT CENTERS.— tion Act of 2020;
service providers and technology providers ‘‘(1) IN GENERAL.—The Secretary shall pro- ‘‘(B) any other regional CHP Technical As-
to leverage private sector expertise and ac- vide funding to establish additional indus- sistance Partnerships as the Secretary may
celerate deployment of new and existing trial research and assessment centers at establish; and
technologies and processes for energy effi- trade schools, community colleges, and ‘‘(C) any supporting technical activities
ciency, power factor, and load management; union training programs. under the Technical Partnership Program of
‘‘(5) identify opportunities for reducing ‘‘(2) PURPOSE.— the Advanced Manufacturing Office of the
greenhouse gas emissions and other air emis- ‘‘(A) IN GENERAL.—Subject to subparagraph Department of Energy.
sions; and (B), to the maximum extent practicable, an ‘‘(3) REFERENCES.—Any reference in any
‘‘(6) promote sustainable manufacturing industrial research and assessment center es- law, rule, regulation, or publication to a
practices for small- and medium-sized manu- tablished under paragraph (1) shall have the Combined Heat and Power Application Cen-
facturers. same purpose as an institution of higher edu- ter or a Clean Energy Application Center
‘‘(d) OUTREACH.—The Secretary shall pro- cation-based industrial research center that shall be deemed to be a reference to the Pro-
vide funding for— is funded by the Secretary under subsection gram.
‘‘(1) outreach activities by the industrial (b)(1). ‘‘(b) CHP TECHNICAL ASSISTANCE PARTNER-
research and assessment centers to inform ‘‘(B) CONSIDERATION OF CAPABILITIES.—In SHIP PROGRAM.—
small- and medium-sized manufacturers of evaluating or establishing the purpose of an ‘‘(1) IN GENERAL.—The Program shall—
the information, technologies, and services industrial research and assessment center es- ‘‘(A) operate programs to encourage de-
available; and tablished under paragraph (1), the Secretary ployment of combined heat and power, waste
‘‘(2) coordination activities by each indus- shall take into consideration the varying ca- heat to power, and efficient district energy
trial research and assessment center to le- pabilities of trade schools, community col- (collectively referred to in this subsection as
verage efforts with— leges, and union training programs. ‘CHP’) technologies by providing education
‘‘(A) Federal and State efforts; ‘‘(g) WORKFORCE TRAINING.— and outreach—
‘‘(B) the efforts of utilities and energy ‘‘(1) INTERNSHIPS.—The Secretary shall pay ‘‘(i) to building, industrial, and electric
service providers; the Federal share of associated internship and natural gas utility professionals;
‘‘(C) the efforts of regional energy effi- programs under which students work with or ‘‘(ii) to State and local policymakers; and
ciency organizations; and for industries, manufacturers, and energy ‘‘(iii) to other individuals and organiza-
‘‘(D) the efforts of other industrial re- service providers to implement the rec- tions with an interest in efficient energy use,
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search and assessment centers. ommendations of industrial research and as- local or opportunity fuel use, resiliency, en-
‘‘(e) CENTERS OF EXCELLENCE.— sessment centers. ergy security, microgrids, and district en-
‘‘(1) ESTABLISHMENT.—The Secretary shall ‘‘(2) APPRENTICESHIPS.—The Secretary ergy; and
establish a Center of Excellence at not more shall pay the Federal share of associated ap- ‘‘(B) provide project-specific support to
than 5 of the highest-performing industrial prenticeship programs under which— building and industrial professionals through
research and assessment centers, as deter- ‘‘(A) students work with or for industries, economic and engineering assessments and
mined by the Secretary. manufacturers, and energy service providers advisory activities.
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March 3, 2020 CONGRESSIONAL RECORD — SENATE S1357
‘‘(2) FUNDING FOR CERTAIN ACTIVITIES.— ‘‘(4) conserving natural resources; and Percentage
‘‘(A) IN GENERAL.—The Program shall ‘‘(5) achieving such other goals as the Sec- ‘‘Fiscal Year Reduction
make funds available to institutions of high- retary determines to be appropriate. 2026 ............................................ 15
er education, research centers, and other ap- ‘‘(b) COORDINATION.—To implement any 2027 ............................................ 17.5
propriate institutions to ensure the contin- recommendations resulting from an onsite 2028 ............................................ 20.
ued operation and effectiveness of regional technical assessment carried out under sub- ‘‘(2) WATER REQUIREMENTS.—Subject to
CHP Technical Assistance Partnerships. section (a) and to accelerate the adoption of paragraph (3), the head of each Federal agen-
‘‘(B) USE OF FUNDS.—Funds made available new and existing technologies and processes cy shall, for each of fiscal years 2021 through
under subparagraph (A) may be used— that improve energy efficiency, the Sec- 2030, improve water use efficiency and man-
‘‘(i) to research, develop, and distribute in- retary shall coordinate with— agement, including stormwater manage-
formational materials relevant to manufac- ‘‘(1) the Advanced Manufacturing Office of ment, at facilities of the agency by reducing
turers, commercial buildings, institutional the Department of Energy; agency potable water consumption inten-
facilities, and Federal sites; ‘‘(2) the Building Technologies Office of the sity—
‘‘(ii) to support the mission goals of the Department of Energy; ‘‘(A) by reducing potable water consump-
Department of Defense relating to CHP and ‘‘(3) the Federal Energy Management Pro- tion by 54 percent by fiscal year 2030, rel-
gram of the Department of Energy; and ative to the potable water consumption of
microgrid technologies;
‘‘(4) the private sector and other appro- the agency in fiscal year 2007, through reduc-
‘‘(iii) to continuously maintain and up-
priate agencies, including the National Insti- tions of 2 percent each fiscal year (as meas-
date—
tute of Standards and Technology. ured in gallons per gross square foot);
‘‘(I) the CHP installation database;
‘‘(c) RESEARCH AND DEVELOPMENT PROGRAM ‘‘(B) by reducing the industrial, land-
‘‘(II) CHP technology potential analyses;
FOR SUSTAINABLE MANUFACTURING AND IN-
scaping, and agricultural water consumption
‘‘(III) State CHP resource websites; and
DUSTRIAL TECHNOLOGIES AND PROCESSES.—As
of the agency, as compared to a baseline of
‘‘(IV) CHP Technical Assistance Partner-
part of the industrial efficiency programs of that consumption by the agency in fiscal
ships websites;
the Department of Energy, the Secretary year 2010, through reductions of 2 percent
‘‘(iv) to research, develop, and conduct
each fiscal year (as measured in gallons); and
workshops, reports, seminars, internet pro- shall carry out a joint industry-government
‘‘(C) by installing appropriate infrastruc-
grams, CHP resiliency resources, and other partnership program to research, develop,
ture features on federally owned property to
activities to provide education to end users, and demonstrate new sustainable manufac-
improve stormwater and wastewater man-
regulators, and stakeholders in a manner turing and industrial technologies and proc-
agement.
that leads to the deployment of CHP tech- esses that maximize the energy efficiency of
‘‘(3) ENERGY AND WATER INTENSIVE BUILDING
nologies; industrial plants, reduce pollution, and con-
EXCLUSION.—
‘‘(v) to provide or coordinate onsite assess- serve natural resources.’’.
‘‘(A) IN GENERAL.—An agency may exclude
ments for sites and enterprises that may (b) CLERICAL AMENDMENT.—The table of
from the requirements of paragraphs (1) and
consider deployment of CHP technology; contents of the Energy Policy and Conserva-
(2) any building (including the associated en-
‘‘(vi) to identify candidates for deployment tion Act (42 U.S.C. prec. 6201) is amended by
ergy consumption and gross square footage
of CHP technologies, hybrid renewable-CHP adding at the end of the items relating to
of the building) in which energy and water
technologies, microgrids, and clean energy; part E of title III the following:
intensive activities are carried out.
‘‘(vii) to provide nonbiased engineering ‘‘Sec. 376. Sustainable manufacturing initia- ‘‘(B) REPORTS.—Each agency shall identify
support to sites considering deployment of tive.’’. and include in each report under section
CHP technologies; SEC. 1025. CONFORMING AMENDMENTS. 548(a) each building designated by the agency
‘‘(viii) to assist organizations developing (a) Section 106 of the Energy Policy Act of for exclusion under subparagraph (A) during
clean energy technologies and policies in 2005 (42 U.S.C. 15811) is repealed. the period covered by the report.
overcoming barriers to deployment; and (b) Sections 131, 132, 133, 2103, and 2107 of ‘‘(4) RECOMMENDATIONS.—Not later than
‘‘(ix) to assist with field validation and the Energy Policy Act of 1992 (42 U.S.C. 6348, December 31, 2026, the Secretary shall—
performance evaluations of CHP and other 6349, 6350, 13453, 13456) are repealed. ‘‘(A) review the results of the implementa-
clean energy technologies implemented. (c) Section 2101(a) of the Energy Policy Act tion of the energy and water performance re-
‘‘(C) DURATION.—The Program shall make of 1992 (42 U.S.C. 13451(a)) is amended in the quirements established under paragraph (1);
funds available under subparagraph (A) for a third sentence by striking ‘‘sections 2102, ‘‘(B) submit to Congress recommendations
period of 5 years. 2103, 2104, 2105, 2106, 2107, and 2108’’ and in- concerning energy performance require-
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— serting ‘‘sections 2102, 2104, 2105, 2106, and ments for fiscal years 2029 through 2038; and
There is authorized to be appropriated to 2108 of this Act and section 376 of the Energy ‘‘(C) submit to Congress recommendations
carry out this section $12,000,000 for each of Policy and Conservation Act,’’. concerning water performance requirements
fiscal years 2021 through 2025.’’. for fiscal years 2031 through 2040.’’;
(b) CONFORMING AMENDMENT.—Section Subpart C—Federal Agency Energy
Efficiency (3) in subsection (b)—
372(g) of the Energy Policy and Conservation
Act (42 U.S.C. 6342(g)) is amended by striking SEC. 1031. ENERGY AND WATER PERFORMANCE (A) in the subsection heading, by inserting
‘‘Clean Energy Applications Center operated REQUIREMENTS FOR FEDERAL ‘‘AND WATER’’ after ‘‘ENERGY’’; and
by the Secretary of Energy’’ and inserting BUILDINGS. (B) by striking paragraphs (1) and (2) and
‘‘regional CHP Technical Assistance Part- (a) IN GENERAL.—Section 543 of the Na- inserting the following:
nerships’’. tional Energy Conservation Policy Act (42 ‘‘(1) IN GENERAL.—Each agency shall—
(c) CLERICAL AMENDMENT.—The table of U.S.C. 8253) is amended— ‘‘(A) not later than October 1, 2022, to the
contents of the Energy Policy and Conserva- (1) in the section heading, by inserting maximum extent practicable, begin install-
tion Act (Public Law 94–163; 89 Stat. 872; 92 ‘‘AND WATER’’ after ‘‘ENERGY’’; ing in Federal buildings owned by the United
Stat. 3272) is amended by striking the item (2) by striking subsection (a) and inserting States all energy and water conservation
relating to section 375 and inserting the fol- the following: measures determined by the Secretary to be
lowing: ‘‘(a) ENERGY AND WATER PERFORMANCE RE- life cycle cost-effective (as defined in sub-
‘‘Sec. 375. CHP Technical Assistance Part- QUIREMENTS FOR FEDERAL BUILDINGS.— section (f)(1)); and
nership Program.’’. ‘‘(1) ENERGY REQUIREMENTS.—Subject to ‘‘(B) complete the installation described in
SEC. 1024. SUSTAINABLE MANUFACTURING INI- paragraph (3), to the maximum extent life subparagraph (A) as soon as practicable after
TIATIVE. cycle cost-effective (as defined in subsection the date referred to in that subparagraph.
(a) IN GENERAL.—Part E of title III of the (f)(1)), each agency shall apply energy con- ‘‘(2) EXPLANATION OF NONCOMPLIANCE.—
Energy Policy and Conservation Act (42 servation measures to, and shall improve the ‘‘(A) IN GENERAL.—If an agency fails to
U.S.C. 6341 et seq.) is amended by adding at design for the construction of, the Federal comply with paragraph (1), the agency shall
the end the following: buildings of the agency (including each in- submit to the Secretary, using guidelines de-
‘‘SEC. 376. SUSTAINABLE MANUFACTURING INI- dustrial or laboratory facility) so that the veloped by the Secretary, an explanation of
TIATIVE. energy consumption per gross square foot of the reasons for the failure.
‘‘(a) IN GENERAL.—As part of the Office of the Federal buildings of the agency in fiscal ‘‘(B) REPORT TO CONGRESS.—Not later than
Energy Efficiency and Renewable Energy of years 2021 through 2028 is reduced, as com- October 1, 2021, and every 2 years thereafter,
the Department of Energy, the Secretary, on pared with the energy consumption per gross the Secretary shall submit to Congress a re-
the request of a manufacturer, shall carry square foot of the Federal buildings of the port that describes any noncompliance by an
out onsite technical assessments to identify agency in fiscal year 2018, by the percentage agency with the requirements of paragraph
opportunities for— specified in the following table: (1).’’;
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‘‘(1) maximizing the energy efficiency of Percentage (4) in subsection (c)(1)—
industrial processes and cross-cutting sys- ‘‘Fiscal Year Reduction (A) in subparagraph (A)—
tems; 2021 ............................................ 2.5 (i) in the matter preceding clause (i), by
‘‘(2) preventing pollution and minimizing 2022 ............................................ 5 striking ‘‘An agency’’ and inserting ‘‘The
waste; 2023 ............................................ 7.5 head of each agency’’; and
‘‘(3) improving efficient use of water in 2024 ............................................ 10 (ii) by inserting ‘‘or water’’ after ‘‘energy’’
manufacturing processes; 2025 ............................................ 12.5 each place it appears; and
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S1358 CONGRESSIONAL RECORD — SENATE March 3, 2020
(B) in subparagraph (B)(i), by inserting ‘‘or (C) by striking paragraphs (3) and (4) and SEC. 1032. FEDERAL ENERGY MANAGEMENT PRO-
water’’ after ‘‘energy’’; inserting the following: GRAM.
(5) in subsection (d)(2), by inserting ‘‘and ‘‘(3) ENERGY AND WATER EVALUATIONS AND Section 543 of the National Energy Con-
water’’ after ‘‘energy’’; COMMISSIONING.— servation Policy Act (42 U.S.C. 8253) is
(6) in subsection (e)— ‘‘(A) EVALUATIONS.—Except as provided in amended by adding at the end the following:
(A) in the subsection heading, by inserting subparagraph (B), not later than the date
‘‘and Water’’ after ‘‘Energy’’; that is 180 days after the date of enactment ‘‘(h) FEDERAL ENERGY MANAGEMENT PRO-
(B) in paragraph (1)— of the American Energy Innovation Act of GRAM.—
(i) in the first sentence— 2020, and annually thereafter, each energy ‘‘(1) IN GENERAL.—The Secretary shall
(I) by striking ‘‘October 1, 2012’’ and insert- manager shall complete, for the preceding carry out a program, to be known as the
ing ‘‘October 1, 2022’’; calendar year, a comprehensive energy and ‘Federal Energy Management Program’ (re-
(II) by inserting ‘‘and water’’ after ‘‘en- water evaluation and recommissioning or ferred to in this subsection as the ‘Pro-
ergy’’; and retrocommissioning for approximately 25 gram’), to facilitate the implementation by
(III) by inserting ‘‘and water’’ after ‘‘elec- percent of the facilities of the applicable the Federal Government of cost-effective en-
tricity’’; agency that meet the criteria under para- ergy and water management and energy-re-
(ii) in the second sentence, by inserting graph (2)(B) in a manner that ensures that an lated investment practices—
‘‘and water’’ after ‘‘electricity’’; and evaluation of each facility is completed not ‘‘(A) to coordinate and strengthen Federal
(iii) in the fourth sentence, by inserting less frequently than once every 4 years. energy and water resilience; and
‘‘and water’’ after ‘‘energy’’; ‘‘(B) to promote environmental steward-
‘‘(B) EXCEPTIONS.—An evaluation and re-
(C) in paragraph (2)— ship.
commissioning or retrocommissioning shall
(i) in subparagraph (A)— ‘‘(2) PROGRAM ACTIVITIES.—
not be required under subparagraph (A) with
(I) by striking ‘‘and’’ before ‘‘Federal’’; and ‘‘(A) STRATEGIC PLANNING AND TECHNICAL
respect to a facility that, as of the date on
(II) by inserting ‘‘and any other person the
which the evaluation and recommissioning ASSISTANCE.—Under the Program, the Fed-
Secretary deems necessary,’’ before ‘‘shall’’;
or retrocommissioning would occur— eral Director appointed under paragraph
(ii) in subparagraph (B)—
‘‘(i) has had a comprehensive energy and (3)(A) (referred to in this subsection as the
(I) in clause (i)(II), by inserting ‘‘and
water evaluation during the preceding 8-year ‘Federal Director’) shall—
water’’ after ‘‘energy’’ each place it appears;
period; ‘‘(i) provide technical assistance and
(II) in clause (ii), by inserting ‘‘and water’’
after ‘‘energy’’; and ‘‘(ii)(I) has been commissioned, recommis- project implementation support and guid-
(III) in clause (iv), by inserting ‘‘and sioned, or retrocommissioned during the pre- ance to Federal agencies to identify, imple-
water’’ after ‘‘energy’’; and ceding 10-year period; or ment, procure, and track energy and water
(iii) by adding at the end the following: ‘‘(II) is under ongoing commissioning, re- conservation measures required under this
‘‘(C) UPDATE.—Not later than 180 days after commissioning, or retrocomissioning; Act and under other provisions of law (in-
the date of enactment of this subparagraph, ‘‘(iii) has not had a major change in func- cluding regulations);
the Secretary shall update the guidelines es- tion or use since the previous evaluation and ‘‘(ii) in coordination with the Adminis-
tablished under subparagraph (A) to take recommissioning or retrocommissioning; trator of the General Services Administra-
into account water efficiency requirements ‘‘(iv) has been benchmarked with public tion, establish appropriate procedures, meth-
under this section.’’; disclosure under paragraph (8) during the ods, and best practices for use by Federal
(D) in paragraph (3), in the matter pre- preceding calendar year; and agencies to select, monitor, and terminate
ceding subparagraph (A), by striking ‘‘estab- ‘‘(v)(I) based on the benchmarking de- contracts entered into under section 546 with
lished under paragraph (2)’’ and inserting scribed in clause (iv), has achieved at a facil- utilities;
‘‘updated under paragraph (2)(C)’’; and ity level the most recent cumulative energy ‘‘(iii) in coordination with the Federal Ac-
(E) in paragraph (4)— savings target under subsection (a) compared quisition Regulatory Council, establish ap-
(i) in subparagraph (A)— to the earlier of— propriate procedures, methods, and best
(I) by striking ‘‘this paragraph’’ and insert- ‘‘(aa) the date of the most recent evalua- practices for use by Federal agencies to se-
ing ‘‘the American Energy Innovation Act of tion; or lect, monitor, and terminate contracts en-
2020’’; and ‘‘(bb) the date— tered into under section 801 with energy
(II) by inserting ‘‘and water’’ before ‘‘use ‘‘(AA) of the most recent commissioning, service contractors and utilities;
in’’; and recommissioning, or retrocommissioning; or ‘‘(iv) establish and maintain internet-based
(ii) in subparagraph (B)(ii), in the matter ‘‘(BB) on which ongoing commissioning information resources and project tracking
preceding clause (I), by inserting ‘‘and began; or systems and tools for energy and water man-
water’’ after ‘‘energy’’; and ‘‘(II) has a long-term contract in place agement;
(7) in subsection (f)— guaranteeing energy savings at least as ‘‘(v) coordinate comprehensive and stra-
(A) in paragraph (1)— great as the energy savings target under sub- tegic approaches to energy and water resil-
(i) by redesignating subparagraphs (E), (F), clause (I). ience planning for Federal agencies; and
and (G) as subparagraphs (F), (G), and (H), ‘‘(4) IMPLEMENTATION OF IDENTIFIED ENERGY ‘‘(vi) establish a recognition program for
respectively; and AND WATER EFFICIENCY MEASURES.—
Federal achievement in energy and water
(ii) by inserting after subparagraph (D) the management, energy-related investment
‘‘(A) IN GENERAL.—Not later than 2 years
following: practices, environmental stewardship, and
after the date of completion of each evalua-
‘‘(E) ONGOING COMMISSIONING.—The term other relevant areas, through events such as
tion under paragraph (3), each energy man-
‘ongoing commissioning’ means an ongoing individual recognition award ceremonies and
ager shall implement any energy- or water-
process of commissioning using monitored public announcements.
saving measure that—
data, the primary goal of which is to ensure ‘‘(B) ENERGY AND WATER MANAGEMENT AND
‘‘(i) the Federal agency identified in the
continuous optimum performance of a facil- REPORTING.—Under the Program, the Federal
evaluation; and
ity, in accordance with design or operating Director shall—
‘‘(ii) is life cycle cost-effective, as deter-
needs, over the useful life of the facility, ‘‘(i) track and report on the progress of
mined by evaluating an individual measure
while meeting facility occupancy require- Federal agencies in meeting the require-
or a bundle of measures with varying pay-
ments.’’; ments of the agency under this section;
backs.
(B) in paragraph (2)— ‘‘(ii) make publicly available annual Fed-
‘‘(B) PERFORMANCE CONTRACTING.—Each
(i) in subparagraph (A), by inserting ‘‘and eral agency performance data required
Federal agency shall use performance con-
water’’ before ‘‘use’’; under—
tracting to address at least 50 percent of the
(ii) in subparagraph (B)— ‘‘(I) this section and sections 544 through
measures identified under subparagraph
(I) by striking ‘‘energy’’ before ‘‘effi- 548; and
(A)(i).’’;
ciency’’; and ‘‘(II) section 203 of the Energy Policy Act
(D) in paragraph (7)(B)(ii)(II), by inserting
(II) by inserting ‘‘or water’’ before ‘‘use’’; of 2005 (42 U.S.C. 15852);
‘‘and water’’ after ‘‘energy’’; and
and ‘‘(iii)(I) collect energy and water use and
(E) in paragraph (9)(A), in the matter pre-
(iii) by adding at the end the following: consumption data from each Federal agency;
ceding clause (i), by inserting ‘‘and water’’
‘‘(C) ENERGY MANAGEMENT SYSTEM.—An en- and
after ‘‘energy’’.
ergy manager designated for a facility under ‘‘(II) based on that data, submit to each
subparagraph (A) shall take into consider- (b) CONFORMING AMENDMENT.—The table of Federal agency a report that will facilitate
ation— contents for the National Energy Conserva- the energy and water management, energy-
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‘‘(i) the use of a system to manage energy tion Policy Act (Public Law 95–619; 92 Stat. related investment practices, and environ-
and water use at the facility; and 3206) is amended by striking the item relat- mental stewardship of the agency in support
‘‘(ii) the applicability of the certification ing to section 543 and inserting the fol- of Federal goals under this Act and under
of the facility in accordance with the Inter- lowing: other provisions of law (including regula-
national Organization for Standardization tions);
standard numbered 50001 and entitled ‘En- ‘‘Sec. 543. Energy and water management re- ‘‘(iv)(I) establish new Federal building en-
ergy Management Systems’.’’; quirements.’’. ergy efficiency standards; and
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March 3, 2020 CONGRESSIONAL RECORD — SENATE S1359
‘‘(II) in consultation with the Adminis- ‘‘(cc) the Office of Federal High-Perform- ‘‘(i) at a Federal hydroelectric facility that
trator of the General Services Administra- ance Green Buildings in the General Services provides power marketed by a Power Mar-
tion, acting through the head of the Office of Administration. keting Administration; or
High-Performance Green Buildings, establish ‘‘(4) SAVINGS CLAUSE.—Nothing in this sub- ‘‘(ii) at a hydroelectric facility owned and
and implement Federal building sustainable section impedes, supersedes, or alters the au- operated by the Tennessee Valley Authority
design principles for Federal facilities; thority of the Secretary to carry out the re- established under the Tennessee Valley Au-
‘‘(v) manage the implementation of Fed- mainder of this section or section 305 of the thority Act of 1933 (16 U.S.C. 831 et seq.).’’.
eral building energy efficiency standards es- Energy Conservation and Production Act (42 (e) PAYMENT OF COSTS.—Section 802 of the
tablished under section 305 of the Energy U.S.C. 6834). National Energy Conservation Policy Act (42
Conservation and Production Act (42 U.S.C. ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— U.S.C. 8287a) is amended by striking ‘‘(and
6834); and There is authorized to be appropriated to the related operation and maintenance ex-
‘‘(vi) designate products that meet the Secretary to carry out this subsection penses)’’ and inserting ‘‘, including related
highest energy conservation standards for $36,000,000 for each of fiscal years 2021 operations and maintenance expenses’’.
categories not covered under the Energy through 2031.’’. (f) DEFINITION OF ENERGY SAVINGS.—Sec-
Star program established under section 324A tion 804(2) of the National Energy Conserva-
SEC. 1033. USE OF ENERGY AND WATER EFFI-
of the Energy Policy and Conservation Act CIENCY MEASURES IN FEDERAL tion Policy Act (42 U.S.C. 8287c(2)) is amend-
(42 U.S.C. 6294a). BUILDINGS. ed—
‘‘(C) FEDERAL POLICY COORDINATION.—Under (a) REPORTS.—Section 548(b) of the Na- (1) in subparagraph (A), by striking ‘‘feder-
the Program, the Federal Director shall— tional Energy Conservation Policy Act (42 ally owned building or buildings or other fed-
‘‘(i) develop and implement accredited U.S.C. 8258(b)) is amended— erally owned facilities’’ and inserting ‘‘Fed-
training consistent with existing Federal (1) in paragraph (3), by striking ‘‘and’’ at eral building (as defined in section 551)’’ each
programs and activities— the end; place it appears;
‘‘(I) relating to energy and water use, man- (2) in paragraph (4), by striking the period (2) in subparagraph (C), by striking ‘‘; and’’
agement, and resilience in Federal buildings, at the end and inserting ‘‘; and’’; and and inserting a semicolon;
energy-related investment practices, and en- (3) by adding at the end the following: (3) in subparagraph (D), by striking the pe-
vironmental stewardship; and ‘‘(5)(A) the status of the energy savings riod at the end and inserting a semicolon;
‘‘(II) that includes in-person training, performance contracts and utility energy and
internet-based programs, and national in- service contracts of each agency, to the ex- (4) by adding at the end the following:
person training events; tent that the information is not duplicative ‘‘(E) the use, sale, or transfer of any energy
‘‘(ii) coordinate and facilitate energy and of information provided to the Secretary and water incentive, rebate, grid services
water management, energy-related invest- under a separate authority; revenue, or credit (including a renewable en-
ment practices, and environmental steward- ‘‘(B) the quantity and investment value of ergy certificate); and
ship through the Interagency Energy Man- the contracts for the previous year; ‘‘(F) any revenue generated from a reduc-
agement Task Force established under sec- ‘‘(C) the guaranteed energy savings, or for tion in energy or water use, more efficient
tion 547; and waste recycling, or additional energy gen-
contracts without a guarantee, the esti-
‘‘(iii) report on the implementation of the erated from more efficient equipment.’’.
mated energy savings, for the previous year,
priorities of the President, including Execu- SEC. 1034. FEDERAL BUILDING ENERGY EFFI-
as compared to the measured energy savings CIENCY PERFORMANCE STANDARDS;
tive orders, relating to energy and water use for the previous year; CERTIFICATION SYSTEM AND LEVEL
in Federal buildings, in coordination with— ‘‘(D) a forecast of the estimated quantity FOR GREEN BUILDINGS.
‘‘(I) the Office of Management and Budget; and investment value of contracts antici- (a) DEFINITIONS.—Section 303 of the Energy
‘‘(II) the Council on Environmental Qual- pated in the following year for each agency; Conservation and Production Act (42 U.S.C.
ity; and and 6832) is amended—
‘‘(III) any other entity, as considered nec- ‘‘(E)(i) a comparison of the information de- (1) in each of paragraphs (1) through (16),
essary by the Federal Director. scribed in subparagraph (B) and the forecast by inserting a paragraph heading, the text of
‘‘(D) FACILITY AND FLEET OPTIMIZATION.— described in subparagraph (D) in the report which is comprised of the term defined in
Under the Program, the Federal Director of the previous year; and that paragraph;
shall develop guidance, supply assistance to, ‘‘(ii) if applicable, the reasons for any dif- (2) by redesignating paragraphs (2) through
and track the progress of Federal agencies— ferences in the data compared under clause (16) as paragraphs (3), (4), (6), (7), (8), (10),
‘‘(i) in conducting portfolio-wide facility (i).’’. (12), (13), (14), (15), (16), (9), (17), (5), and (2),
energy and water resilience planning and (b) DEFINITION OF ENERGY CONSERVATION respectively, and moving the paragraphs so
project integration; MEASURES.—Section 551(4) of the National as to appear in numerical order; and
‘‘(ii) in building new construction and Energy Conservation Policy Act (42 U.S.C. (3) by inserting after paragraph (10) (as so
major renovations to meet the sustainable 8259(4)) is amended by striking ‘‘or retrofit redesignated) the following:
design and energy and water performance activities’’ and inserting ‘‘retrofit activities, ‘‘(11) MAJOR RENOVATION.—The term ‘major
standards required under this section; or energy consuming devices and required renovation’ means a modification of the en-
‘‘(iii) in developing guidelines for— support structures’’. ergy systems of a building that is suffi-
‘‘(I) building commissioning; and (c) AUTHORITY TO ENTER INTO CONTRACTS.— ciently extensive to ensure that the entire
‘‘(II) facility operations and maintenance; Section 801(a)(2)(F) of the National Energy building can achieve compliance with appli-
and Conservation Policy Act (42 U.S.C. cable energy standards for new buildings, as
‘‘(iv) in coordination with the Adminis- 8287(a)(2)(F)) is amended— established by the Secretary.’’.
trator of the General Services Administra- (1) in clause (i), by striking ‘‘or’’ at the (b) FEDERAL BUILDING EFFICIENCY STAND-
tion, in meeting statutory and agency goals end; ARDS.—Section 305 of the Energy Conserva-
for Federal fleet vehicles. (2) in clause (ii), by striking the period at tion and Production Act (42 U.S.C. 6834) is
‘‘(3) FEDERAL DIRECTOR.— the end and inserting ‘‘; or’’; and amended—
‘‘(A) APPOINTMENT.—The Secretary shall (3) by adding at the end the following: (1) in subsection (a)—
appoint an individual to serve as Federal Di- ‘‘(iii) limit the recognition of operation (A) in paragraph (2)(A), by striking ‘‘the
rector of the Program, which shall be a ca- and maintenance savings associated with 2004 International Energy Conservation Code
reer position in the Senior Executive service, systems modernized or replaced with the im- (in the case of residential buildings) or
to manage the Program and carry out the plementation of energy conservation meas- ASHRAE Standard 90.1–2004 (in the case of
activities of the Program described in para- ures, water conservation measures, or any commercial buildings)’’ and inserting ‘‘the
graph (2). combination of energy conservation meas- most recently published edition of the Inter-
‘‘(B) DUTIES.—The Federal Director shall— ures and water conservation measures.’’. national Energy Conservation Code (in the
‘‘(i) oversee, manage, and administer the (d) MISCELLANEOUS AUTHORITY; EXCLUDED case of residential buildings) or ASHRAE
Program; CONTRACTS.—Section 801(a)(2) of the Na- Standard 90.1 (in the case of commercial
‘‘(ii) provide leadership in energy and tional Energy Conservation Policy Act (42 buildings) on the date of enactment of the
water management, energy-related invest- U.S.C. 8287(a)(2)) is amended by adding at the American Energy Innovation Act of 2020’’;
ment practices, and environmental steward- end the following: and
ship through coordination with Federal ‘‘(H) MISCELLANEOUS AUTHORITY.—Notwith- (B) in paragraph (3)—
agencies and other appropriate entities; and standing subtitle I of title 40, United States (i) by striking ‘‘(3)(A) Not later than’’ and
‘‘(iii) establish a management council to Code, a Federal agency may accept, retain, all that follows through subparagraph (B)
advise the Federal Director that shall— sell, or transfer, and apply the proceeds of and inserting the following:
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‘‘(I) convene not less frequently than once the sale or transfer of, any energy and water ‘‘(3) REVISED FEDERAL BUILDING ENERGY EF-
every quarter; and incentive, rebate, grid services revenue, or FICIENCY PERFORMANCE STANDARDS; CERTIFI-
‘‘(II) consist of representatives from— credit (including a renewable energy certifi- CATION FOR GREEN BUILDINGS.—
‘‘(aa) the Council on Environmental Qual- cate) to fund a contract under this title. ‘‘(A) REVISED FEDERAL BUILDING ENERGY EF-
ity; ‘‘(I) EXCLUDED CONTRACTS.—A contract en- FICIENCY PERFORMANCE STANDARDS.—
‘‘(bb) the Office of Management and Budg- tered into under this title may not be for ‘‘(i) IN GENERAL.—Not later than 1 year
et; and work performed— after the date of enactment of the American
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S1360 CONGRESSIONAL RECORD — SENATE March 3, 2020
Energy Innovation Act of 2020, the Secretary Secretary of Defense relating to those facili- ‘‘(vii) EXCLUSIONS.—
shall establish, by regulation, revised Fed- ties under the custody and control of the De- ‘‘(I) IN GENERAL.—Subject to subclause (II),
eral building energy efficiency performance partment of Defense, shall determine those if a certification system fails to meet the re-
standards that require that— certification systems for green commercial view requirements of clause (v), the Sec-
‘‘(I) subject to clause (ii), new Federal and residential buildings that the Secretary retary shall—
buildings and Federal buildings with major determines to be the most likely to encour- ‘‘(aa) identify the portions of the system,
renovations— age a comprehensive and environmentally whether prerequisites, credits, points, or
‘‘(aa) meet or exceed the most recently sound approach to certification of green otherwise, that meet the review criteria of
published version of the International En- buildings. clause (v);
ergy Conservation Code (in the case of resi- ‘‘(iii) BASIS FOR SELECTION.—The deter- ‘‘(bb) determine the portions of the system
dential buildings) or ASHRAE Standard 90.1 mination of the certification systems under that are suitable for use; and
(in the case of commercial buildings) as of clause (ii) shall be based on ongoing review ‘‘(cc) exclude all other portions of the sys-
the date of enactment of the American En- of the findings of the Federal Director under tem from identification and use.
ergy Innovation Act of 2020; and section 436(h) of the Energy Independence ‘‘(II) ENTIRE SYSTEMS.—The Secretary shall
‘‘(bb) meet or exceed the energy provisions and Security Act of 2007 (42 U.S.C. 17092(h)) exclude an entire system from use if an ex-
of the State and local building codes applica- and the criteria described in clause (v). clusion under subclause (I)—
ble to the building if the codes are more ‘‘(iv) ADMINISTRATION.—In determining cer- ‘‘(aa) impedes the integrated use of the
stringent than the most recently published tification systems under this subparagraph, system;
version of the International Energy Con- the Secretary shall— ‘‘(bb) creates disparate review criteria or
servation Code or ASHRAE Standard 90.1 as ‘‘(I) make a separate determination for all unequal point access for competing mate-
of the date of enactment of the American or part of each system; and rials; or
Energy Innovation Act of 2020, as applicable; ‘‘(II) confirm that the criteria used to sup- ‘‘(cc) increases agency costs of the use.
‘‘(II) unless demonstrated not to be life port the selection of building products, ma- ‘‘(viii) INTERNAL CERTIFICATION PROC-
cycle cost-effective for new Federal buildings terials, brands, and technologies— ESSES.—The Secretary may by rule allow
and Federal buildings with major renova- ‘‘(aa) are based on relevant technical data; Federal agencies to develop internal certifi-
tions— ‘‘(bb) use and reward evaluation of health, cation processes, using certified profes-
‘‘(aa) the buildings shall be designed to safety, and environmental risks and impacts sionals, in lieu of certification by certifi-
achieve energy consumption levels that are across the lifecycle of the building product, cation entities identified under clause (ii).
not less than 30 percent below the levels es- material, brand, or technology, including ‘‘(ix) PRIVATIZED MILITARY HOUSING.—With
tablished in the most recently published methodologies generally accepted by the ap- respect to privatized military housing, the
version of the International Energy Con- plicable scientific disciplines; Secretary of Defense, after consultation with
servation Code or the ASHRAE Standard, as ‘‘(cc) as practicable, give preference to per- the Secretary may, through rulemaking, de-
of the date of enactment of the American formance standards instead of prescriptive velop alternative certification systems and
Energy Innovation Act of 2020, as appro- measures; and levels than the systems and levels identified
priate, unless the Secretary determines, pur- ‘‘(dd) reward continual improvements in under clause (ii) that achieve an equivalent
suant to subparagraph (B), that a subsequent the lifecycle management of health, safety, result in terms of energy savings, sustain-
version of such a standard or code shall and environmental risks and impacts.
able design, and green building performance.
apply; and ‘‘(v) CONSIDERATIONS.—In determining the
‘‘(x) WATER CONSERVATION TECHNOLOGIES.—
‘‘(bb) sustainable design principles are ap- green building certification systems under
In addition to any use of water conservation
plied to the location, siting, design, and con- this subparagraph, the Secretary shall take
technologies otherwise required by this sec-
struction of all new Federal buildings and re- into consideration—
tion, water conservation technologies shall
placement Federal buildings; ‘‘(I) the ability and availability of asses-
be applied to the extent that the tech-
‘‘(III) if water is used to achieve energy ef- sors and auditors to independently verify the
nologies are life-cycle cost-effective.
ficiency, water conservation technologies criteria and measurement of metrics at the
‘‘(xi) EFFECTIVE DATE.—
shall be applied to the extent that the tech- scale necessary to implement this subpara-
‘‘(I) DETERMINATIONS MADE AFTER DECEM-
nologies are life-cycle cost effective; and graph;
BER 31, 2020.—This subparagraph shall apply
‘‘(IV) if life-cycle cost effective, as com- ‘‘(II) the ability of the applicable certifi-
pared to other reasonably available tech- cation organization to collect and reflect to any determination made by a Federal
nologies, not less than 30 percent of the hot public comment; agency after December 31, 2020.
water demand for each new Federal building ‘‘(III) the ability of the standard to be de- ‘‘(II) DETERMINATIONS MADE ON OR BEFORE
DECEMBER 31, 2020.—This subparagraph (as in
or Federal building undergoing a major ren- veloped and revised through a consensus-
ovation be met through the installation and based process; effect on the day before the date of enact-
use of solar hot water heaters. ‘‘(IV) an evaluation of the robustness of ment of the American Energy Innovation
‘‘(ii) EXCEPTION.—Clause (i)(I) shall not the criteria for a high-performance green Act of 2020) shall apply to any use of a cer-
apply to the unaltered portions of Federal building, which shall give credit for pro- tification system for green commercial and
buildings and systems that have undergone moting— residential buildings by a Federal agency on
major renovations. ‘‘(aa) efficient and sustainable use of or before December 31, 2020.’’; and
‘‘(B) UPDATES.—Not later than 1 year after water, energy, and other natural resources; (2) by striking subsections (c) and (d) and
the date of approval of each subsequent revi- ‘‘(bb) use of renewable energy sources; inserting the following:
sion of the ASHRAE Standard or the Inter- ‘‘(cc) improved indoor environmental qual- ‘‘(c) PERIODIC REVIEW.—The Secretary
national Energy Conservation Code, as ap- ity through enhanced indoor air quality, shall—
propriate, the Secretary shall determine thermal comfort, acoustics, day lighting, ‘‘(1) once every 5 years, review the Federal
whether the revised standards established pollutant source control, and use of low- building energy standards established under
under subclauses (I) and (II) of subparagraph emission materials and building system con- this section; and
(A)(i) should be updated to reflect the revi- trols; ‘‘(2) on completion of a review under para-
sions, based on the energy savings and life ‘‘(dd)(AA) the sourcing of grown, har- graph (1), if the Secretary determines that
cycle cost-effectiveness of the revisions.’’; vested, or mined materials; and significant energy savings would result, up-
(ii) in subparagraph (C)— ‘‘(BB) certifications of responsible grade the standards to include all new en-
(I) by striking ‘‘(C) In the budget request’’ sourcing, such as certifications provided by ergy efficiency and renewable energy meas-
and inserting the following: the Forest Stewardship Council, the Sustain- ures that are technologically feasible and
‘‘(C) BUDGET REQUEST.—In the budget re- able Forestry Initiative, the American Tree economically justified.’’.
quest’’; and Farm System, or the Programme for the En- (c) FEDERAL COMPLIANCE.—Section 306 of
(II) by indenting clauses (i) and (ii) appro- dorsement of Forest Certification; and the Energy Conservation and Production Act
priately; and ‘‘(ee) such other criteria as the Secretary (42 U.S.C. 6835) is amended—
(iii) by striking subparagraph (D) and in- determines to be appropriate; and (1) in subsection (a)—
serting the following: ‘‘(V) national recognition within the build- (A) in paragraph (1)—
‘‘(D) CERTIFICATION FOR GREEN BUILDINGS.— ing industry. (i) by striking ‘‘(1) The head’’ and inserting
‘‘(i) SUSTAINABLE DESIGN PRINCIPLES.—Sus- ‘‘(vi) REVIEW.—The Secretary, in consulta- the following:
tainable design principles shall be applied to tion with the Administrator of General Serv- ‘‘(1) IN GENERAL.—The head’’; and
the siting, design, and construction of build- ices and the Secretary of Defense, shall con- (ii) by striking ‘‘assure that new Federal
ings covered by this subparagraph. duct an ongoing review to evaluate and com- buildings’’ and inserting ‘‘ensure that new
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‘‘(ii) SELECTION OF CERTIFICATION SYS- pare private sector green building certifi- Federal buildings and Federal buildings with
TEMS.—The Secretary, after reviewing the cation systems, taking into account— major renovations’’; and
findings of the Federal Director under sec- ‘‘(I) the criteria described in clause (v); and (B) in paragraph (2)—
tion 436(h) of the Energy Independence and ‘‘(II) the identification made by the Fed- (i) by striking the second sentence and in-
Security Act of 2007 (42 U.S.C. 17092(h)), in eral Director under section 436(h) of the En- serting the following:
consultation with the Administrator of Gen- ergy Independence and Security Act of 2007 ‘‘(B) PROCEDURES.—The Architect of the
eral Services, and in consultation with the (42 U.S.C. 17092(h)). Capitol shall adopt procedures necessary to
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March 3, 2020 CONGRESSIONAL RECORD — SENATE S1361
ensure that the buildings referred to in sub- ‘‘(5) REPORTS.— ‘‘(c) STAKEHOLDER INVOLVEMENT.—
paragraph (A) meet or exceed the standards ‘‘(A) AGENCY REPORTS.—Each Federal agen- ‘‘(1) IN GENERAL.—The Secretary and the
described in that subparagraph.’’; and cy shall include in the report of the agency Administrator shall carry out subsection (b)
(ii) in the first sentence— under section 527 of the Energy Independence in collaboration with the information tech-
(I) by inserting ‘‘and Federal buildings and Security Act of 2007 (42 U.S.C. 17143) a nology industry and other key stakeholders,
with major renovations’’ after ‘‘new build- description of the efforts and results of the with the goal of producing results that accu-
ings’’; and agency under this subsection. rately reflect the most relevant and useful
(II) by striking ‘‘(2) The Federal’’ and in- ‘‘(B) OMB GOVERNMENT EFFICIENCY REPORTS information.
serting the following: AND SCORECARDS.—Effective beginning not ‘‘(2) CONSIDERATIONS.—In carrying out the
‘‘(2) APPLICABILITY.— later than October 1, 2022, the Director shall collaboration described in paragraph (1), the
‘‘(A) IN GENERAL.—The Federal’’; and include in the annual report and scorecard of Secretary and the Administrator shall pay
(2) in subsection (b)— the Director required under section 528 of the particular attention to organizations that—
(A) by striking the subsection heading and Energy Independence and Security Act of ‘‘(A) have members with expertise in en-
inserting ‘‘EXPENDITURES’’; and 2007 (42 U.S.C. 17144) a description of the ef- ergy efficiency and in the development, oper-
(B) by striking ‘‘new Federal building’’ and forts and results of Federal agencies under ation, and functionality of data centers, in-
all that follows through the period at the this subsection. formation technology equipment, and soft-
end and inserting ‘‘new Federal building or a ‘‘(C) USE OF EXISTING REPORTING STRUC- ware, including representatives of hardware
Federal building with major renovations.’’. TURES.—The Director may require Federal manufacturers, data center operators, and
SEC. 1035. ENERGY-EFFICIENT AND ENERGY-SAV- agencies to submit any information required facility managers;
ING INFORMATION TECHNOLOGIES. to be submitted under this subsection ‘‘(B) obtain and address input from the Na-
Section 543 of the National Energy Con- though reporting structures in use as of the tional Laboratories (as that term is defined
servation Policy Act (42 U.S.C. 8253) (as date of enactment of the American Energy in section 2 of the Energy Policy Act of 2005
amended by section 1032) is amended by add- Innovation Act of 2020.’’. (42 U.S.C. 15801)) or any institution of higher
ing at the end the following: education, research institution, industry as-
SEC. 1036. HIGH-PERFORMANCE GREEN FEDERAL
‘‘(i) FEDERAL IMPLEMENTATION STRATEGY BUILDINGS. sociation, company, or public interest group
FOR ENERGY-EFFICIENT AND ENERGY-SAVING
Section 436(h) of the Energy Independence with applicable expertise;
INFORMATION TECHNOLOGIES.—
and Security Act of 2007 (42 U.S.C. 17092(h)) is ‘‘(C) follow—
‘‘(1) DEFINITIONS.—In this subsection:
amended— ‘‘(i) commonly accepted procedures for the
‘‘(A) DIRECTOR.—The term ‘Director’ means
the Director of the Office of Management (1) in the subsection heading, by striking development of specifications; and
and Budget. ‘‘SYSTEM’’ and inserting ‘‘SYSTEMS’’; ‘‘(ii) accredited standards development
‘‘(B) INFORMATION TECHNOLOGY.—The term (2) by striking paragraph (1) and inserting processes; or
‘information technology’ has the meaning the following: ‘‘(D) have a mission to promote energy effi-
given that term in section 11101 of title 40, ‘‘(1) IN GENERAL.—Based on an ongoing re- ciency for data centers and information
United States Code. view, the Federal Director shall identify and technology.
‘‘(2) DEVELOPMENT OF IMPLEMENTATION shall provide to the Secretary pursuant to ‘‘(d) MEASUREMENTS AND SPECIFICATIONS.—
STRATEGY.—Not later than 1 year after the section 305(a)(3)(D) of the Energy Conserva- The Secretary and the Administrator shall
date of enactment of the American Energy tion and Production Act (42 U.S.C. consider and assess the adequacy of the spec-
Innovation Act of 2020, each Federal agency 6834(a)(3)(D)) a list of those certification sys- ifications, measurements, best practices, and
shall coordinate with the Director, the Sec- tems that the Director identifies as the most benchmarks described in subsection (b) for
retary, and the Administrator of the Envi- likely to encourage a comprehensive and en- use by the Federal Energy Management Pro-
ronmental Protection Agency to develop an vironmentally sound approach to certifi- gram, the Energy Star Program, and other
implementation strategy (including best- cation of green buildings.’’; and efficiency programs of the Department of
practices and measurement and verification (3) in paragraph (2)— Energy or the Environmental Protection
techniques) for the maintenance, purchase, (A) in the matter preceding subparagraph Agency.
and use by the Federal agency of energy-effi- (A), by striking ‘‘system’’ and inserting
cient and energy-saving information tech- ‘‘systems’’; ‘‘(e) STUDY.—
nologies at or for facilities owned and oper- (B) by striking subparagraph (A) and in- ‘‘(1) DEFINITION OF REPORT.—In this sub-
ated by the Federal agency, taking into con- serting the following: section, the term ‘report’ means the report
sideration the performance goals established ‘‘(A) an ongoing review provided to the of the Lawrence Berkeley National Labora-
under paragraph (4). Secretary pursuant to section 305(a)(3)(D) of tory entitled ‘United States Data Center En-
‘‘(3) ADMINISTRATION.—In developing an im- the Energy Conservation and Production Act ergy Usage Report’ and dated June 2016,
plementation strategy under paragraph (2), (42 U.S.C. 6834(a)(3)(D)), which shall— which was prepared as an update to the ‘Re-
each Federal agency shall consider— ‘‘(i) be carried out by the Federal Director port to Congress on Server and Data Center
‘‘(A) advanced metering infrastructure; to compare and evaluate standards; and Energy Efficiency’, published on August 2,
‘‘(B) energy efficient data center strategies ‘‘(ii) allow any developer or administrator 2007, pursuant to section 1 of Public Law 109–
and methods of increasing asset and infra- of a rating system or certification system to 431 (120 Stat. 2920).
structure utilization; be included in the review;’’; ‘‘(2) STUDY.—Not later than 4 years after
‘‘(C) advanced power management tools; (C) in subparagraph (E)(v), by striking the date of enactment of the American En-
‘‘(D) building information modeling, in- ‘‘and’’ after the semicolon at the end; ergy Innovation Act of 2020, the Secretary,
cluding building energy management; (D) in subparagraph (F), by striking the pe- in collaboration with the Administrator,
‘‘(E) secure telework and travel substi- riod at the end and inserting a semicolon; shall make available to the public an update
tution tools; and and to the report that provides—
‘‘(F) mechanisms to ensure that the agency (E) by adding at the end the following: ‘‘(A) a comparison and gap analysis of the
realizes the energy cost savings of increased ‘‘(G) a finding that, for all credits address- estimates and projections contained in the
efficiency and utilization. ing the sourcing of grown, harvested, or report with new data regarding the period
‘‘(4) PERFORMANCE GOALS.— mined materials, the system rewards the use from 2015 through 2019;
‘‘(A) IN GENERAL.—Not later than 180 days of products that have obtained certifications ‘‘(B) an analysis considering the impact of
after the date of enactment of the American of responsible sourcing, such as certifi- information technologies, including
Energy Innovation Act of 2020, the Director, cations provided by the Sustainable Forestry virtualization and cloud computing, in the
in consultation with the Secretary, shall es- Initiative, the Forest Stewardship Council, public and private sectors;
tablish performance goals for evaluating the the American Tree Farm System, or the Pro- ‘‘(C) an evaluation of the impact of the
efforts of Federal agencies in improving the gramme for the Endorsement of Forest Cer- combination of cloud platforms, mobile de-
maintenance, purchase, and use of energy-ef- tification; and vices, social media, and big data on data cen-
ficient and energy-saving information tech- ‘‘(H) a finding that the system incor- ter energy usage;
nology at or for facilities owned and oper- porates life-cycle assessment as a credit ‘‘(D) an evaluation of water usage in data
ated by the Federal agencies. pathway.’’. centers and recommendations for reductions
‘‘(B) BEST PRACTICES.—The Chief Informa- SEC. 1037. ENERGY EFFICIENT DATA CENTERS. in that water usage; and
tion Officers Council established under sec- Section 453 of the Energy Independence ‘‘(E) updated projections and recommenda-
tion 3603 of title 44, United States Code, shall and Security Act of 2007 (42 U.S.C. 17112) is tions for best practices through fiscal year
recommend best practices for the attain- amended— 2025.
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ment of the performance goals established (1) in subsection (b)— ‘‘(f) DATA CENTER ENERGY PRACTITIONER
under subparagraph (A), which shall include, (A) in paragraph (2)(D)(iv), by striking ‘‘de- PROGRAM.—
to the extent applicable by law, consider- termined by the organization’’ and inserting ‘‘(1) IN GENERAL.—The Secretary, in col-
ation by a Federal agency of the use of— ‘‘proposed by the stakeholders’’; and laboration with key stakeholders and the Di-
‘‘(i) energy savings performance con- (B) by striking paragraph (3); and rector of the Office of Management and
tracting; and (2) by striking subsections (c) through (g) Budget, shall maintain a data center energy
‘‘(ii) utility energy services contracting. and inserting the following: practitioner program that provides for the
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S1362 CONGRESSIONAL RECORD — SENATE March 3, 2020
certification of energy practitioners quali- SEC. 1042. EXTENDED PRODUCT SYSTEM REBATE (cc) showing the serial number, manufac-
fied to evaluate the energy usage and effi- PROGRAM. turer, and model number from the nameplate
ciency opportunities in federally owned and (a) DEFINITIONS.—In this section: of the installed motor of the qualified entity
operated data centers. (1) ELECTRIC MOTOR.—The term ‘‘electric on which the qualified extended product sys-
‘‘(2) EVALUATIONS.—Each Federal agency motor’’ has the meaning given the term in tem was installed; or
shall consider having the data centers of the section 431.12 of title 10, Code of Federal Reg- (II) in the case of a qualified entity de-
agency evaluated once every 4 years by en- ulations (as in effect on the date of enact- scribed in paragraph (1)(B), demonstrated
ergy practitioners certified pursuant to the ment of this Act). evidence—
program, whenever practicable using cer- (2) ELECTRONIC CONTROL.—The term ‘‘elec- (aa) that the qualified extended product
tified practitioners employed by the agency. tronic control’’ means— system meets the requirements of subsection
‘‘(g) OPEN DATA INITIATIVE.— (A) a power converter; or (a)(4)(B); and
‘‘(1) IN GENERAL.—The Secretary, in col- (B) a combination of a power circuit and (bb) showing the serial number, manufac-
laboration with key stakeholders and the Di- control circuit included on 1 chassis. turer, and model number from the nameplate
rector of the Office of Management and (3) EXTENDED PRODUCT SYSTEM.—The term of the installed motor of the qualified entity
Budget, shall establish an open data initia- ‘‘extended product system’’ means an elec- with which the extended product system is
tive relating to energy usage at federally tric motor and any required associated elec- integrated.
owned and operated data centers, with the tronic control and driven load that— (d) AUTHORIZED AMOUNT OF REBATE.—
purpose of making the data available and ac- (A) offers variable speed or multispeed op- (1) IN GENERAL.—The Secretary may pro-
cessible in a manner that encourages further eration; vide to a qualified entity a rebate in an
data center innovation, optimization, and (B) offers partial load control that reduces amount equal to the product obtained by
consolidation. input energy requirements (as measured in multiplying—
‘‘(2) CONSIDERATION.—In establishing the kilowatt-hours) as compared to identified (A) an amount equal to the sum of the
initiative under paragraph (1), the Secretary base levels set by the Secretary; and nameplate rated horsepower of—
shall consider using the online Data Center (C)(i) has greater than 1 horsepower; and (i) the electric motor to which the quali-
Maturity Model. (ii) uses an extended product system tech- fied extended product system is attached;
‘‘(h) INTERNATIONAL SPECIFICATIONS AND nology, as determined by the Secretary. and
METRICS.—The Secretary, in collaboration (4) QUALIFIED EXTENDED PRODUCT SYSTEM.— (ii) the electronic control; and
with key stakeholders, shall actively partici- (A) IN GENERAL.—The term ‘‘qualified ex- (B) $25.
pate in efforts to harmonize global specifica- tended product system’’ means an extended (2) MAXIMUM AGGREGATE AMOUNT.—A quali-
tions and metrics for data center energy and product system that— fied entity shall not be entitled to aggregate
water efficiency. (i) includes an electric motor and an elec- rebates under this section in excess of $25,000
‘‘(i) DATA CENTER UTILIZATION METRIC.— tronic control; and per calendar year.
The Secretary, in collaboration with key (ii) reduces the input energy (as measured
(e) AUTHORIZATION OF APPROPRIATIONS.—
stakeholders, shall facilitate in the develop- in kilowatt-hours) required to operate the
There is authorized to be appropriated to
ment of an efficiency metric that measures extended product system by not less than 5
carry out this section $5,000,000 for each of
the energy efficiency of a data center (in- percent, as compared to identified base lev-
the first 2 full fiscal years following the date
cluding equipment and facilities). els set by the Secretary.
of enactment of this Act, to remain available
‘‘(j) PROTECTION OF PROPRIETARY INFORMA- (B) INCLUSIONS.—The term ‘‘qualified ex-
until expended.
TION.—The Secretary and the Administrator
tended product system’’ includes commercial
or industrial machinery or equipment that— SEC. 1043. ENERGY EFFICIENT TRANSFORMER
shall not disclose any proprietary informa- REBATE PROGRAM.
tion or trade secrets provided by any indi- (i)(I) did not previously make use of the ex-
vidual or company for the purposes of car- tended product system prior to the redesign (a) DEFINITIONS.—In this section:
rying out this section or the programs and described in subclause (II); and (1) QUALIFIED ENERGY EFFICIENT TRANS-
initiatives established under this section.’’. (II) incorporates an extended product sys- FORMER.—The term ‘‘qualified energy effi-
tem that has greater than 1 horsepower into cient transformer’’ means a transformer that
Subpart D—Rebates and Certifications redesigned machinery or equipment; and meets or exceeds the applicable energy con-
SEC. 1041. THIRD-PARTY CERTIFICATION UNDER (ii) was previously used prior to, and was servation standards described in the tables
ENERGY STAR PROGRAM. placed back into service during, calendar in subsection (b)(2) and paragraphs (1) and (2)
Section 324A of the Energy Policy and Con- year 2021 or 2022. of subsection (c) of section 431.196 of title 10,
servation Act (42 U.S.C. 6294a) is amended by (b) ESTABLISHMENT.—Not later than 180 Code of Federal Regulations (as in effect on
adding at the end the following: days after the date of enactment of this Act, the date of enactment of this Act).
‘‘(e) THIRD-PARTY CERTIFICATION.— the Secretary shall establish a program to (2) QUALIFIED ENERGY INEFFICIENT TRANS-
‘‘(1) IN GENERAL.—Subject to paragraph (2), provide rebates for expenditures made by FORMER.—The term ‘‘qualified energy ineffi-
not later than 180 days after the date of en- qualified entities for the purchase or instal- cient transformer’’ means a transformer
actment of this subsection, the Adminis- lation of a qualified extended product sys- with an equal number of phases and capacity
trator shall revise the certification require- tem. to a transformer described in any of the ta-
ments for the labeling of consumer, home, (c) QUALIFIED ENTITIES.— bles in subsection (b)(2) and paragraphs (1)
and office electronic products for program (1) ELIGIBILITY REQUIREMENTS.—A qualified and (2) of subsection (c) of section 431.196 of
partners that have complied with all require- entity under this section shall be— title 10, Code of Federal Regulations (as in
ments of the Energy Star program for a pe- (A) in the case of a qualified extended effect on the date of enactment of this Act)
riod of at least 18 months. product system described in subsection that—
‘‘(2) ADMINISTRATION.—In the case of a pro- (a)(4)(A), the purchaser of the qualified ex- (A) does not meet or exceed the applicable
gram partner described in paragraph (1), the tended product that is installed; and energy conservation standards described in
new requirements under paragraph (1)— (B) in the case of a qualified extended prod- paragraph (1); and
‘‘(A) shall not require third-party certifi- uct system described in subsection (a)(4)(B), (B)(i) was manufactured between January
cation for a product to be listed; but the manufacturer of the commercial or in- 1, 1987, and December 31, 2008, for a trans-
‘‘(B) may require that test data and other dustrial machinery or equipment that incor- former with an equal number of phases and
product information be submitted to facili- porated the extended product system into capacity as a transformer described in the
tate product listing and performance that machinery or equipment. table in subsection (b)(2) of section 431.196 of
verification for a sample of products. (2) APPLICATION.—To be eligible to receive title 10, Code of Federal Regulations (as in
‘‘(3) THIRD PARTIES.—Nothing in this sub- a rebate under this section, a qualified enti- effect on the date of enactment of this Act);
section prevents the Administrator from ty shall submit to the Secretary— or
using third parties in the course of the ad- (A) an application in such form, at such (ii) was manufactured between January 1,
ministration of the Energy Star program. time, and containing such information as the 1992, and December 31, 2011, for a transformer
‘‘(4) TERMINATION.— Secretary may require; and with an equal number of phases and capacity
‘‘(A) IN GENERAL.—Subject to subparagraph (B) a certification that includes dem- as a transformer described in the table in
(B), an exemption from third-party certifi- onstrated evidence— paragraph (1) or (2) of subsection (c) of that
cation provided to a program partner under (i) that the entity is a qualified entity; and section (as in effect on the date of enactment
paragraph (1) shall terminate if the program (ii)(I) in the case of a qualified entity de- of this Act).
partner is found to have violated program re- scribed in paragraph (1)(A)— (3) QUALIFIED ENTITY.—The term ‘‘qualified
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quirements with respect to at least 2 sepa- (aa) that the qualified entity installed the entity’’ means an owner of industrial or
rate models during a 2-year period. qualified extended product system during manufacturing facilities, commercial build-
‘‘(B) RESUMPTION.—A termination for a the 2 fiscal years following the date of enact- ings, or multifamily residential buildings, a
program partner under subparagraph (A) ment of this Act; utility, or an energy service company that
shall cease if the program partner complies (bb) that the qualified extended product fulfills the requirements of subsection (d).
with all Energy Star program requirements system meets the requirements of subsection (b) ESTABLISHMENT.—Not later than 90 days
for a period of at least 3 years.’’. (a)(4)(A); and after the date of enactment of this Act, the
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March 3, 2020 CONGRESSIONAL RECORD — SENATE S1363
Secretary shall establish a program to pro- (1) in paragraph (2)(B), by striking ‘‘para- ‘‘(5) to encourage eligible entities pro-
vide rebates to qualified entities for expendi- graph (5)’’ and inserting ‘‘paragraph (6)’’; viding weatherization assistance to hire and
tures made by the qualified entity for the re- (2) in paragraph (3)— retain employees who are individuals—
placement of a qualified energy inefficient (A) in the first sentence, by striking ‘‘and ‘‘(A) from the community in which the as-
transformer with a qualified energy efficient with the Director of the Community Services sistance is provided; and
transformer. Administration’’; and ‘‘(B) from communities or groups underrep-
(c) REQUIREMENTS.—To be eligible to re- (B) in the first sentence of the undesig- resented in the home energy performance
ceive a rebate under this section, an entity nated matter following subparagraph (C)— workforce.
shall submit to the Secretary an application (i) by striking ‘‘part,’’ and inserting ‘‘part ‘‘(b) DEFINITION OF ELIGIBLE ENTITY.—In
in such form, at such time, and containing and by’’; and this section, the term ‘eligible entity’
such information as the Secretary may re- (ii) by striking ‘‘, and the Director’’ and all means—
quire, including demonstrated evidence— that follows through ‘‘1964’’; ‘‘(1) an entity receiving funding from the
(1) that the entity purchased a qualified (3) by redesignating paragraphs (5) and (6) Federal Government or from a State, Tribal,
energy efficient transformer; as paragraphs (6) and (7), respectively; and or local government through a weatheriza-
(2) of the core loss value of the qualified (4) by inserting after paragraph (4) the fol- tion assistance program under section 413 or
energy efficient transformer; lowing: 414; and
(3) of the age of the qualified energy ineffi- ‘‘(5) In carrying out paragraph (3), the Sec- ‘‘(2) a nonprofit organization.
cient transformer being replaced; retary may take into consideration evi- ‘‘(c) FINANCIAL ASSISTANCE AWARDS.—The
(4) of the core loss value of the qualified dence-based values for improvements in the Secretary shall, to the extent funds are made
energy inefficient transformer being re- health and safety of occupants of weather- available, award financial assistance on an
placed— ized homes, and other non-energy benefits, annual basis through a competitive process
(A) as measured by a qualified professional as determined by the Secretary.’’. to an eligible entity—
or verified by the equipment manufacturer, (c) CONTRACTOR OPTIMIZATION.— ‘‘(1) with respect to dwelling units that are
as applicable; or (1) TECHNICAL TRANSFER GRANTS.—Section occupied by low-income persons—
(B) for transformers described in sub- 414B(a)(4) of the Energy Conservation and ‘‘(A) to implement measures to make those
section (a)(2)(B)(i), as selected from a table Production Act (42 U.S.C. 6864b(a)(4)) is dwelling units weatherization-ready, includ-
of default values as determined by the Sec- amended— ing by addressing structural, plumbing, roof-
retary in consultation with applicable indus- (A) by striking ‘‘for persons’’ and inserting ing, and electrical issues, environmental
try; and the following: ‘‘for— hazards, and other issues that the Secretary
(5) that the qualified energy inefficient ‘‘(A) persons’’; and determines to be appropriate;
transformer has been permanently decom- (B) in subparagraph (A) (as so designated), ‘‘(B) to install energy efficiency tech-
missioned and scrapped. by striking the period at the end and insert- nologies, including home energy manage-
(d) AUTHORIZED AMOUNT OF REBATE.—The ing the following: ‘‘; and ment systems, smart devices, and other tech-
amount of a rebate provided under this sec- ‘‘(B) private entities that are contracted to nologies the Secretary determines to be ap-
tion shall be— provide weatherization assistance under this propriate;
(1) for a 3-phase or single-phase trans- part, in accordance with rules determined by ‘‘(C) to install renewable energy systems
former with a capacity of not less than 10 the Secretary.’’. (as defined in section 415(c)(6)(A)); and
and not greater than 2,500 kilovolt-amperes, (2) CONTRACTOR OPTIMIZATION.—The Energy ‘‘(D) to implement measures to ensure
twice the amount equal to the difference in Conservation and Production Act is amended healthy indoor environments by improving
Watts between the core loss value (as meas- by inserting after section 414B (42 U.S.C. indoor air quality, accessibility, and other
ured in accordance with paragraphs (2) and 6864b) the following: healthy home measures, as determined by
(4) of subsection (c)) of— ‘‘SEC. 414C. CONTRACTOR OPTIMIZATION. the Secretary;
(A) the qualified energy inefficient trans- ‘‘(2) to improve the capability of the eligi-
‘‘The Secretary may request that entities
former; and ble entity—
receiving funding from the Federal Govern-
(B) the qualified energy efficient trans- ‘‘(A) to significantly increase the number
ment or from a State through a weatheriza-
former; or of energy retrofits performed by the eligible
tion assistance program under section 413 or
(2) for a transformer described in sub- entity;
414—
section (a)(2)(B)(i), the amount determined ‘‘(B) to replicate best practices for work
‘‘(1) perform periodic reviews of the use of
using a table of default rebate values by performed under this section on a larger
private contractors in the provision of
rated transformer output, as measured in scale;
weatherization assistance, if applicable; and
kilovolt-amperes, as determined by the Sec- ‘‘(C) to leverage additional funds to sustain
‘‘(2) encourage an increased use and ex-
retary in consultation with applicable indus- the provision of weatherization assistance
panded role of contractors as appropriate.’’.
try. and other work performed under this section
(3) TABLE OF CONTENTS AMENDMENT.—The
(e) AUTHORIZATION OF APPROPRIATIONS.— after the financial assistance awarded under
table of contents for the Energy Conserva-
There is authorized to be appropriated to this section is expended; and
tion and Production Act (Public Law 94–385;
carry out this section $5,000,000 for each of ‘‘(D) to hire and retain employees de-
90 Stat. 1125) is amended by inserting after
fiscal years 2021 and 2022, to remain available scribed in subsection (a)(5);
the item relating to section 414B the fol-
until expended. ‘‘(3) for innovative outreach and education
lowing:
(f) TERMINATION OF EFFECTIVENESS.—The regarding the benefits and availability of
authority provided by this section termi- ‘‘Sec. 414C. Contractor optimization.’’. weatherization assistance and other assist-
(d) FINANCIAL ASSISTANCE FOR WAP EN- ance available under this section;
nates on December 31, 2022.
HANCEMENT AND INNOVATION.—
Subpart E—Miscellaneous ‘‘(4) for quality control of work performed
(1) IN GENERAL.—The Energy Conservation under this section;
SEC. 1051. ADVANCE APPROPRIATIONS RE- and Production Act (Public Law 94–385; 90
QUIRED. ‘‘(5) for data collection, measurement, and
Stat. 1125) is amended by inserting after sec- verification with respect to that work;
The authorization of amounts under this tion 414C (as added by subsection (c)(2)) the
part and the amendments made by this part ‘‘(6) for program monitoring, oversight,
following: evaluation, and reporting of that work;
shall be effective for any fiscal year only to ‘‘SEC. 414D. FINANCIAL ASSISTANCE FOR WAP EN-
the extent and in the amount provided in ad- ‘‘(7) for labor, training, and technical as-
HANCEMENT AND INNOVATION.
vance in appropriations Acts. sistance relating to that work;
‘‘(a) PURPOSES.—The purposes of this sec- ‘‘(8) subject to subsection (g)(2), for plan-
PART II—WEATHERIZATION tion are— ning, management, and administration of
SEC. 1101. WEATHERIZATION ASSISTANCE PRO- ‘‘(1) to expand the number of dwelling that work; and
GRAM. units that are occupied by low-income per- ‘‘(9) for any other appropriate activity, as
(a) DEFINITION OF WEATHERIZATION MATE- sons that receive weatherization assistance determined by the Secretary.
RIALS.—Section 412(9)(J) of the Energy Con- under this section by making those dwelling ‘‘(d) APPLICATIONS.—To be eligible for an
servation and Production Act (42 U.S.C. units weatherization-ready; award of financial assistance under this sec-
6862(9)(J)) is amended— ‘‘(2) to promote the deployment of renew- tion, an eligible entity shall submit to the
(1) by inserting ‘‘, including renewable en- able energy in dwelling units that are occu- Secretary an application in such manner and
ergy technologies and other advanced tech- pied by low-income persons; containing such information as the Sec-
nologies,’’ after ‘‘technologies’’; and ‘‘(3) to ensure healthy indoor environments retary may require.
(2) by striking ‘‘Development,’’ and all by enhancing or expanding health and safety ‘‘(e) AWARD FACTORS.—In awarding finan-
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that follows through the period at the end measures and resources available to dwell- cial assistance under this section, the Sec-
and inserting ‘‘Development and the Sec- ings that are occupied by low-income per- retary shall consider—
retary of Agriculture.’’. sons; ‘‘(1) the record of the eligible entity, using
(b) ALLOWANCE FOR HEALTH AND SAFETY ‘‘(4) to disseminate new methods and best the most recent year for which data are
BENEFITS.—Section 413(b) of the Energy Con- practices among eligible entities providing available, in constructing, renovating, re-
servation and Production Act (42 U.S.C. weatherization assistance under this section; pairing, and making energy efficient single-
6863(b)) is amended— and family, multifamily, or manufactured homes
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S1364 CONGRESSIONAL RECORD — SENATE March 3, 2020
that are occupied by low-income persons, ei- ‘‘(j) REVIEW AND EVALUATION.—The Sec- on which the previous weatherization was
ther directly or through affiliates, chapters, retary shall review and evaluate the per- completed; and
or other partners; formance of each eligible entity that re- ‘‘(ii) may receive further financial assist-
‘‘(2) the number of dwelling units occupied ceives an award of financial assistance under ance for weatherization under this part for
by low-income persons that the eligible enti- this section, which may include an audit. the purpose of providing an interim serv-
ty has built, renovated, repaired, weather- ‘‘(k) ANNUAL REPORT.—The Secretary shall ice.’’.
ized, and made more energy efficient in the submit to the relevant committees of Con- (g) ANNUAL REPORT.—Section 421 of the En-
5 years immediately preceding the date on gress an annual report that describes— ergy Conservation and Production Act (42
which the eligible entity submits an applica- ‘‘(1) the actions taken by the Secretary U.S.C. 6871) is amended in the second sen-
tion under subsection (d); and eligible entities awarded financial as- tence by inserting ‘‘the number of multi-
‘‘(3) the qualifications, experience, and sistance under this section to achieve the family buildings in which individual dwell-
past performance of the eligible entity, in- purposes of this section during the year cov- ing units were weatherized during the pre-
cluding experience successfully managing ered by the report; and vious year, the number of individual dwell-
and administering Federal funds; ‘‘(2) the energy and cost savings, and any ing units in multifamily buildings weather-
‘‘(4) the strength of the proposal of the eli- other accomplishments, achieved under this ized during the previous year,’’ after ‘‘the av-
gible entity to achieve one or more of the section during the year covered by the re- erage size of the dwellings being weather-
purposes described in subsection (a); port. ized,’’.
(h) REAUTHORIZATION OF WAP.—Section 422
‘‘(5) the extent to which the eligible entity ‘‘(l) FUNDING.—
of the Energy Conservation and Production
will use partnerships and regional coordina- ‘‘(1) IN GENERAL.—Subject to paragraphs (2)
Act (42 U.S.C. 6872) is amended in the matter
tion to achieve one or more of the purposes and (3), for each of fiscal years 2021 through preceding paragraph (1) by striking ‘‘appro-
described in subsection (a); 2025, of the amount appropriated under sec- priated’’ and all that follows through ‘‘2012..’’
‘‘(6) regional and climate zone diversity; tion 422— in paragraph (5) and inserting ‘‘appropriated
‘‘(7) urban, suburban, and rural localities; ‘‘(A) if the amount is not more than $350,000,000 for each of fiscal years 2021
and $225,000,000, no funds shall be used to carry through 2025.’’.
‘‘(8) any other appropriate factor, as deter- out this section; (i) WAIVER STUDY.—
mined by the Secretary. ‘‘(B) if the amount is not more than (1) IN GENERAL.—It is the sense of Congress
‘‘(f) FIRST AWARD.—Subject to the avail- $260,000,000, not more than 2 percent of that that, to the maximum extent practicable,
ability of appropriations, not later than 270 amount may be used to carry out this sec- the Secretary should coordinate with the Di-
days after the date of enactment of this sec- tion; rector of the Office of Management and
tion, the Secretary shall make a first award ‘‘(C) if the amount is not more than Budget to grant waivers of requirements
of financial assistance under this section. $300,000,000, not more than 4 percent of that under section 200.313 of title 2, Code of Fed-
‘‘(g) AMOUNT AND TERM.— amount may be used to carry out this sec- eral Regulations (or successor regulations),
‘‘(1) MAXIMUM AMOUNT.—The total amount tion; and to better leverage private sector funds for
of financial assistance awarded to an eligible ‘‘(D) if the amount is more than the purposes of using funding awarded under
entity under this section shall not exceed $300,000,000, not more than 6 percent of that the Weatherization Assistance Program for
$2,000,000. amount may be used to carry out this sec- Low-Income Persons established under part
‘‘(2) PLANNING, MANAGEMENT, AND ADMINIS- tion. A of title IV of the Energy Conservation and
TRATION.—Of the amount awarded to an eli- ‘‘(2) AMOUNTS EXCLUDED.—Each amount de- Production Act (42 U.S.C. 6861 et seq.).
gible entity under this section, not more scribed in paragraph (1) shall not include the (2) STUDY.—Not more than 180 days after
than 15 percent may be used by the eligible amount made available for Department of the date of enactment of this Act, the Sec-
entity for the purpose described in sub- Energy headquarters training or technical retary shall submit to the relevant commit-
section (c)(8). assistance. tees of Congress a report that describes—
‘‘(3) TECHNICAL AND TRAINING ASSISTANCE.— ‘‘(3) MAXIMUM AMOUNT.—The maximum (A) each waiver that has been requested
The total amount of financial assistance amount used to carry out this section in under paragraph (1) after September 30, 2010;
awarded to an entity under this section shall each fiscal year shall not exceed $25,000,000.’’. and
be reduced by the cost of any technical and (2) TABLE OF CONTENTS.—The table of con- (B) the determination of the Secretary and
training assistance provided by the Sec- tents for the Energy Conservation and Pro- the Director of the Office of Management
retary under this section that relates to that duction Act (Public Law 94–385; 90 Stat. 1125) and Budget regarding each waiver described
financial assistance. is amended by inserting after the item relat- in subparagraph (A).
‘‘(4) TERM.—The term of an award of finan- ing to section 414C (as added by subsection Subtitle B—Renewable Energy
cial assistance under this section shall not (c)(3)) the following:
SEC. 1201. HYDROELECTRIC PRODUCTION INCEN-
exceed 3 years. ‘‘Sec. 414D. Financial assistance for WAP TIVES AND EFFICIENCY IMPROVE-
‘‘(5) RELATIONSHIP TO FORMULA GRANTS.— enhancement and innovation.’’. MENTS.
An eligible entity may use financial assist- (e) INCREASE IN ADMINISTRATIVE FUNDS.— (a) HYDROELECTRIC PRODUCTION INCEN-
ance awarded under this section in conjunc- Section 415(a)(1) of the Energy Conservation TIVES.—Section 242 of the Energy Policy Act
tion with other financial assistance provided and Production Act (42 U.S.C. 6865(a)(1)) is of 2005 (42 U.S.C. 15881) is amended—
to the eligible entity under this part. amended by striking ‘‘10 percent’’ and insert- (1) in subsection (b), by striking paragraph
‘‘(h) GUIDANCE.—Not later than 90 days ing ‘‘15 percent’’. (1) and inserting the following:
after the date of enactment of this section, (f) REWEATHERIZATION DATE.—Section ‘‘(1) QUALIFIED HYDROELECTRIC FACILITY.—
the Secretary shall issue guidance on imple- 415(c) of the Energy Conservation and Pro- The term ‘qualified hydroelectric facility’
menting this section, which shall include, duction Act (42 U.S.C. 6865(c)) is amended by means a turbine or other generating device
with respect to eligible entities awarded fi- striking paragraph (2) and inserting the fol- owned or solely operated by a non-Federal
nancial assistance under this section— lowing: entity—
‘‘(1) standards for allowable expenditures; ‘‘(2) FURTHER ASSISTANCE.— ‘‘(A) that generates hydroelectric energy
‘‘(2) a minimum saving-to-investment ‘‘(A) DEFINITION OF INTERIM SERVICE.— for sale; and
ratio; and ‘‘(i) IN GENERAL.—In this paragraph, the ‘‘(B)(i) that is added to an existing dam or
‘‘(3) standards for— term ‘interim service’ means an energy serv- conduit; or
‘‘(A) training programs; ice that takes place between instances of ‘‘(ii)(I) that has a generating capacity of
‘‘(B) energy audits; weatherization or partial weatherization of a not more than 20 megawatts;
‘‘(C) the provision of technical assistance; dwelling unit, as determined by the Sec- ‘‘(II) for which the non-Federal entity has
‘‘(D) monitoring activities carried out retary. received a construction authorization from
using the financial assistance; ‘‘(ii) INCLUSION.—In this paragraph, the the Federal Energy Regulatory Commission,
‘‘(E) verification of energy and cost sav- term ‘interim service’ includes— if applicable; and
ings; ‘‘(I) the provision of energy information ‘‘(III) that is constructed in an area in
‘‘(F) liability insurance requirements; and and education to assist with energy manage- which there is inadequate electric service, as
‘‘(G) recordkeeping and reporting require- ment; determined by the Secretary, including by
ments, which shall include reporting to the ‘‘(II) an evaluation of the effectiveness of taking into consideration—
Office of Weatherization and Intergovern- installed weatherization measures; and ‘‘(aa) access to the electric grid;
mental Programs of the Department of En- ‘‘(III) the provision of services, equipment, ‘‘(bb) the frequency of electric outages; or
ergy applicable data on each dwelling unit or other measures funded by non-Federal ‘‘(cc) the affordability of electricity.’’;
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retrofitted or otherwise assisted by the eligi- funds, as determined by the Secretary. (2) in subsection (c), by striking ‘‘10’’ and
ble entity using the financial assistance. ‘‘(B) FURTHER ASSISTANCE.—Dwelling units inserting ‘‘22’’;
‘‘(i) COMPLIANCE WITH STATE AND LOCAL weatherized or partially weatherized under (3) in subsection (e)(2), by striking ‘‘section
LAW.—Nothing in this section supersedes or this part, or under other Federal programs— 29(d)(2)(B)’’ and inserting ‘‘section
modifies any State or local law to the extent ‘‘(i) may not receive further financial as- 45K(d)(2)(B)’’;
that the State or local law is more stringent sistance for weatherization under this part (4) in subsection (f), by striking ‘‘20’’ and
than this section. until the date that is 15 years after the date inserting ‘‘32’’; and
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March 3, 2020 CONGRESSIONAL RECORD — SENATE S1365
(5) in subsection (g), by striking ‘‘each of ‘‘(4) to investigate variability issues and ‘‘(iii) community microgrids in isolated
the fiscal years 2006 through 2015’’ and in- the efficient and reliable integration of ma- power systems; and
serting ‘‘each of fiscal years 2021 through rine energy with the utility grid; ‘‘(C) in any other applications, as deter-
2036’’. ‘‘(5) to identify and study critical short- mined by the Secretary.
(b) HYDROELECTRIC EFFICIENCY IMPROVE- and long-term needs to create a sustainable ‘‘(b) COST SHARING AND MERIT REVIEW.—
MENT.—Section 243(c) of the Energy Policy marine energy supply chain based in the The Secretary shall carry out the program
Act of 2005 (42 U.S.C. 15882(c)) is amended by United States; under this section in accordance with sec-
striking ‘‘each of the fiscal years 2006 ‘‘(6) to increase the reliability and surviv- tions 988 and 989 of the Energy Policy Act of
through 2015’’ and inserting ‘‘each of fiscal ability of marine energy technologies; 2005 (42 U.S.C. 16352, 16353).’’.
years 2021 through 2036’’. ‘‘(7) to verify the performance, reliability, (d) NATIONAL MARINE ENERGY CENTERS.—
maintainability, and cost of new marine en- Section 634 of the Energy Independence and
SEC. 1202. MARINE ENERGY RESEARCH AND DE- Security Act of 2007 (42 U.S.C. 17213) is
VELOPMENT. ergy device designs and system components
in an operating environment; amended—
(a) PURPOSE.—The purpose of this section (1) in the section heading, by striking ‘‘RE-
‘‘(8) to consider the protection of critical
is to support marine energy programs that— NEWABLE ENERGY RESEARCH, DEVELOPMENT,
infrastructure, such as adequate separation
(1) promote research on, and the develop- between marine energy devices and projects AND DEMONSTRATION’’ and inserting ‘‘EN-
ment of, increased energy generation and ca- and submarine telecommunications cables, ERGY’’;
pacity at reduced costs; including consideration of established indus- (2) by redesignating subsection (c) as sub-
(2) promote research and development ac- try standards; section (d); and
tivities that improve environmental out- ‘‘(9)(A) to coordinate the programs carried (3) by striking subsections (a) and (b) and
comes of marine energy technologies; out under this section with, and avoid dupli- inserting the following:
(3) provide grid stability and create new cation of activities across, programs of the ‘‘(a) CENTERS.—
market opportunities; and Department and other applicable Federal ‘‘(1) IN GENERAL.—The Secretary shall
(4) promote job creation in the energy sec- agencies, including National Laboratories; award grants to institutions of higher edu-
tor. and cation for—
(b) DEFINITION OF MARINE ENERGY.— ‘‘(B) to coordinate public-private collabo- ‘‘(A) the continuation and expansion of re-
(1) IN GENERAL.—Section 632 of the Energy ration in carrying out the programs under search, development, and testing activities
Independence and Security Act of 2007 (42 this section; at National Marine Energy Centers estab-
U.S.C. 17211) is amended to read as follows: ‘‘(10) to identify opportunities for joint re- lished as of January 1, 2019; and
‘‘SEC. 632. DEFINITION OF MARINE ENERGY. search and development programs and the ‘‘(B) the establishment of new National
development of economies of scale between— Marine Energy Centers.
‘‘In this subtitle, the term ‘marine energy’ ‘‘(2) CRITERIA.—In selecting locations for
means energy from— ‘‘(A) marine energy technologies; and
‘‘(B) other renewable energy and fossil en- new National Marine Energy Centers to be
‘‘(1) waves, tides, and currents in oceans, established under paragraph (1)(B), the Sec-
estuaries, and tidal areas; ergy programs, offshore oil and gas produc-
tion activities, and activities of the Depart- retary shall consider sites that meet one of
‘‘(2) free-flowing hydrokinetic water in riv- the following criteria:
ers, lakes, and streams; ment of Defense;
‘‘(11) to identify, in conjunction with the ‘‘(A) The new Center hosts an existing ma-
‘‘(3) free-flowing hydrokinetic water in rine energy research and development pro-
man-made channels; and Secretary of Commerce, acting through the
Under Secretary of Commerce for Oceans and gram in coordination with an engineering
‘‘(4) differentials in ocean temperature or program at an institution of higher edu-
ocean thermal energy conversion.’’. Atmosphere, and other relevant Federal
agencies as appropriate, the potential envi- cation.
(2) CONFORMING EDITS.— ‘‘(B) The new Center has proven expertise
(A) The subtitle heading for subtitle C of ronmental impacts, including potential im-
pacts on fisheries and other marine re- to support environmental and policy-related
title VI of the Energy Independence and Se- issues associated with the harnessing of en-
curity Act of 2007 (Public Law 110–440; 121 sources, of marine energy technologies,
measures to prevent adverse impacts, and ergy in the marine environment.
Stat. 1686) is amended by striking ‘‘and ‘‘(C) The new Center has access to and uses
technologies and other means available for
Hydrokinetic Renewable’’. marine resources.
monitoring and determining environmental
(B) Section 631 of the Energy Independence ‘‘(b) PURPOSES.—The National Marine En-
impacts;
and Security Act of 2007 (42 U.S.C. 17001 note; ergy Centers shall coordinate with other Na-
‘‘(12) to identify, in conjunction with the
121 Stat. 1686) is amended by striking ‘‘and tional Marine Energy Centers, the Depart-
Secretary of the Department in which the
Hydrokinetic Renewable’’. ment, and the National Laboratories—
United States Coast Guard is operating, act-
(c) MARINE ENERGY RESEARCH AND DEVEL- ‘‘(1) to advance research, development, and
ing through the Commandant of the United
OPMENT.—Section 633 of the Energy Inde- demonstration of marine energy tech-
States Coast Guard, the potential naviga-
pendence and Security Act of 2007 (42 U.S.C. nologies;
tional impacts of marine energy tech-
17212) is amended to read as follows: ‘‘(2) to support in-water testing and dem-
nologies and measures to prevent adverse
‘‘SEC. 633. MARINE ENERGY RESEARCH AND DE- onstration of marine energy technologies, in-
impacts on navigation;
VELOPMENT. cluding facilities capable of testing—
‘‘(13) to support in-water technology devel-
‘‘(a) IN GENERAL.—The Secretary, acting ‘‘(A) marine energy systems of various
opment with international partners using ex-
through the Director of the Water Power isting cooperative procedures (including technology readiness levels and scales;
Technologies Office, in consultation with the memoranda of understanding)— ‘‘(B) a variety of technologies in multiple
Secretary of the Interior, the Secretary of ‘‘(A) to allow cooperative funding and test berths at a single location; and
Commerce, and the Federal Energy Regu- other support of value to be exchanged and ‘‘(C) arrays of technology devices; and
latory Commission, shall carry out a pro- leveraged; and ‘‘(3) to serve as information clearinghouses
gram to accelerate the introduction of ma- ‘‘(B) to encourage international research for the marine energy industry by collecting
rine energy production into the United centers and international companies to par- and disseminating information on best prac-
States energy supply, giving priority to ticipate in the development of marine energy tices in all areas relating to developing and
technologies most likely to lead to commer- technology in the United States and to en- managing marine energy resources and en-
cial utilization, while fostering accelerated courage United States research centers and ergy systems.
‘‘(c) COST SHARING.—The Secretary shall
research, development, demonstration, and companies to participate in marine energy
carry out the program under this section in
commercial application of technology, in- projects abroad; and
accordance with section 988(b)(4) of the En-
cluding programs— ‘‘(14) to assist in the development of tech- ergy Policy Act of 2005 (42 U.S.C.
‘‘(1) to assist technology development on a nology necessary to support the use of ma- 16352(b)(4)).’’.
variety of scales, including full-scale proto- rine energy— (e) AUTHORIZATION OF APPROPRIATIONS.—
types, to improve the components, processes, ‘‘(A) for the generation and storage of Section 636 of the Energy Independence and
and systems used for power generation from power at sea, including in applications relat- Security Act of 2007 (42 U.S.C. 17215) is
marine energy resources; ing to— amended by striking ‘‘$50,000,000 for each of
‘‘(2) to establish and expand critical test- ‘‘(i) ocean observation and navigation; the fiscal years 2008 through 2012’’ and in-
ing infrastructure and facilities necessary— ‘‘(ii) underwater vehicle charging; serting ‘‘$160,000,000 for each of fiscal years
‘‘(A) to cost-effectively and efficiently test ‘‘(iii) marine aquaculture; 2021 and 2022’’.
and prove marine energy devices; and ‘‘(iv) production of marine algae; and (f) STUDY OF ENERGY INNOVATION IN MARINE
‘‘(B) to accelerate the technological readi- ‘‘(v) extraction of critical minerals and TRANSPORTATION AND INFRASTRUCTURE RE-
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ness and commercialization of those devices; gasses from seawater; SILIENCE.—
‘‘(3) to support efforts to increase the effi- ‘‘(B) for the generation and storage of (1) IN GENERAL.—The Secretary, in con-
ciency of energy conversion, lower the cost, power to promote the resilience of coastal sultation with the Secretary of Transpor-
increase the use, improve the reliability, and communities, including in applications re- tation and the Secretary of Commerce, shall
demonstrate the applicability of marine en- lating to— conduct a study to examine opportunities for
ergy technologies by participating in dem- ‘‘(i) desalination; research and development in advanced ma-
onstration projects; ‘‘(ii) disaster recovery and resilience; and rine energy technologies—
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S1366 CONGRESSIONAL RECORD — SENATE March 3, 2020
(A) to support the maritime transportation pand geothermal assessments, including en- (A) in paragraph (1)—
sector to enhance job creation, economic de- hanced geothermal systems assessments, to (i) in subparagraph (C), by striking ‘‘map-
velopment, and competitiveness; include assessments for the Commonwealth ping’’ and inserting ‘‘and fracture mapping,
(B) to support associated maritime energy of Puerto Rico and the States of Alaska and including real-time modeling’’;
infrastructure, including infrastructure that Hawaii.’’; and (ii) in subparagraph (E), by striking ‘‘and’’
serves ports, to improve system resilience (4) in subsection (d) (as so redesignated), by at the end;
and disaster recovery; and striking ‘‘necesary’’ and inserting ‘‘nec- (iii) by redesignating subparagraph (F) as
(C) to enable scientific missions at sea and essary’’. subparagraph (K); and
in extreme environments, including the Arc- (b) GENERAL GEOTHERMAL RESEARCH AND (iv) by inserting after subparagraph (E) the
tic. DEVELOPMENT PROGRAMS.—Section 614 of the following:
(2) REPORT.—Not later than 1 year after Energy Independence and Security Act of ‘‘(F) well placement and orientation;
the date of enactment of this Act, the Sec- 2007 (42 U.S.C. 17193) is amended by adding at ‘‘(G) long-term reservoir management;
retary shall submit to the Committee on En- the end the following: ‘‘(H) drilling technologies, methods, and
ergy and Natural Resources of the Senate ‘‘(d) OIL AND GAS TECHNOLOGY TRANSFER tools;
and the Committee on Science, Space, and INITIATIVE.— ‘‘(I) improved exploration tools;
Technology of the House of Representatives ‘‘(1) IN GENERAL.—The Secretary shall sup- ‘‘(J) zonal isolation; and’’; and
a report that describes the results of the port an initiative among the Office of Fossil (B) by striking paragraph (2) and inserting
study conducted under paragraph (1). Energy, the Office of Energy Efficiency and the following:
(g) CLERICAL AMENDMENTS.—The table of Renewable Energy, and the private sector to ‘‘(2) FRONTIER OBSERVATORIES FOR RE-
contents in section 1(b) of the Energy Inde- modify, improve, and demonstrate the use in SEARCH IN GEOTHERMAL ENERGY.—
pendence and Security Act of 2007 (Public geothermal energy development of relevant ‘‘(A) PROGRAM.—The Secretary shall sup-
Law 110–140; 121 Stat. 1495) is amended— advanced technologies and operation tech- port 2 field research sites, which shall each
(1) by striking the item relating to subtitle niques used in the oil and gas sector. be known as a ‘Frontier Observatory for Re-
C of title VI and inserting the following: ‘‘(2) PRIORITIES.—In carrying out para- search in Geothermal Energy’ or ‘FORGE’
graph (1), the Secretary shall prioritize tech- site, to develop, test, and enhance techniques
‘‘Subtitle C—Marine Renewable Energy
nologies with the greatest potential to sig- and tools for enhanced geothermal energy.
Technologies’’; and
nificantly increase the use and lower the ‘‘(B) SITE SELECTION.—Of the FORGE sites
(2) by striking the items relating to sec- cost of geothermal energy in the United referred to in subparagraph (A)—
tions 632, 633, and 634 and inserting the fol- States, including the cost and speed of small- ‘‘(i) 1 shall be the existing research site in
lowing: and large-scale geothermal drilling. Milford, Utah; and
‘‘Sec. 632. Definition of marine energy. ‘‘(e) COPRODUCTION OF GEOTHERMAL ENERGY ‘‘(ii) 1 shall be—
‘‘Sec. 633. Marine energy research and devel- AND MINERALS PRODUCTION PRIZE COMPETI- ‘‘(I) selected by the Secretary through a
opment. TION.— competitive selection process; and
‘‘Sec. 634. National Marine Energy Cen- ‘‘(1) IN GENERAL.—The Secretary shall ‘‘(II) located in a different geologic type
ters.’’. carry out a prize competition under which than the existing research site described in
SEC. 1203. ADVANCED GEOTHERMAL INNOVA- the Secretary shall award prizes to dem- clause (i).
TION LEADERSHIP. onstrate the coproduction of critical min- ‘‘(C) SITE OPERATION.—
(a) UPDATE TO GEOTHERMAL RESOURCE AS- erals (as defined by the Secretary of the In- ‘‘(i) INITIAL DURATION.—The FORGE site se-
SESSMENT.—Section 2501 of the Energy Pol- terior on the date of enactment of the Amer- lected under subparagraph (B)(ii) shall oper-
icy Act of 1992 (30 U.S.C. 1028) is amended— ican Energy Innovation Act of 2020) from ate for an initial term of not more than 7
(1) by redesignating subsections (a) and (b) geothermal resources. years after the date on which site prepara-
as subsections (b) and (d), respectively; ‘‘(2) REQUIREMENTS.—A demonstration tion is complete.
(2) by inserting before subsection (b) (as so awarded a prize under paragraph (1) shall— ‘‘(ii) PERFORMANCE METRICS.—The Sec-
redesignated) the following: ‘‘(A) improve the cost-effectiveness of re- retary shall establish performance metrics
‘‘(a) DEFINITION OF ENHANCED GEOTHERMAL moving minerals from geothermal brines as for each FORGE site supported under this
SYSTEMS.—In this section, the term ‘en- part of the coproduction process; paragraph, which may be used by the Sec-
hanced geothermal systems’ has the meaning ‘‘(B) increase recovery rates of the tar- retary to determine whether a FORGE site
given the term in section 612 of the Energy geted mineral commodity; should continue to receive funding.
Independence and Security Act of 2007 (42 ‘‘(C) decrease water use and other environ- ‘‘(D) ADDITIONAL TERMS.—
U.S.C. 17191).’’; mental impacts, as determined by the Sec- ‘‘(i) IN GENERAL.—At the end of an oper-
(3) by inserting after subsection (b) (as so retary; and ational term described in clause (ii), a
redesignated) the following: ‘‘(D) demonstrate a path to commercial vi- FORGE site may—
‘‘(c) UPDATE TO GEOTHERMAL RESOURCE AS- ability. ‘‘(I) be transferred to other public or pri-
SESSMENT.—The Secretary of the Interior, ‘‘(3) MAXIMUM PRIZE AMOUNT.—The max- vate entities for further enhanced geo-
acting through the United States Geological imum amount of a prize awarded under para- thermal testing; or
Survey, and in consultation with the Sec- graph (1) shall be $10,000,000. ‘‘(II) subject to appropriations and a merit
retary of Energy, shall update the 2008 ‘‘(f) DRILLING DATA REPOSITORY.— review by the Secretary, operate for an addi-
United States geothermal resource assess- ‘‘(1) IN GENERAL.—The Secretary shall, in tional term of not more than 7 years.
ment carried out by the United States Geo- coordination with the Secretary of the Inte- ‘‘(ii) OPERATIONAL TERM DESCRIBED.—An
logical Survey, including— rior, establish and operate a voluntary, in- operational term referred to in clause (i)—
‘‘(1) with respect to areas previously iden- dustry-wide repository of geothermal drill- ‘‘(I) in the case of the FORGE site des-
tified by the Department of Energy or the ing information to lower the cost of future ignated under subparagraph (B)(i), is the ex-
United States Geological Survey as having geothermal drilling. isting operational term; and
significant potential for hydrothermal en- ‘‘(2) REPOSITORY.— ‘‘(II) in the case of the FORGE site selected
ergy or enhanced geothermal systems en- ‘‘(A) IN GENERAL.—In carrying out para- under subparagraph (B)(ii), is the initial
ergy, by focusing on— graph (1), the Secretary shall collaborate term under subparagraph (C) or an addi-
‘‘(A) improving the resolution of resource with geothermally significant countries, tional term under clause (i)(II).
potential at systematic temperatures and such as Iceland, Switzerland, Kenya, Aus- ‘‘(3) ENHANCED GEOTHERMAL SYSTEMS DEM-
depths, including temperatures and depths tralia, the Philippines, and any other rel- ONSTRATIONS.—
appropriate for power generation and direct evant country, as determined by the Sec- ‘‘(A) IN GENERAL.—Beginning on the date of
use applications; retary. enactment of the American Energy Innova-
‘‘(B) quantifying the total potential to co- ‘‘(B) DATA SYSTEM.—The repository estab- tion Act of 2020, the Secretary, in collabora-
produce geothermal energy and minerals; lished under paragraph (1) shall be inte- tion with industry partners and institutions
‘‘(C) incorporating data relevant to under- grated with the National Geothermal Data of higher education, shall support an initia-
ground thermal energy storage and ex- System.’’. tive for demonstration of enhanced geo-
change, such as aquifer and soil properties; (c) ENHANCED GEOTHERMAL RESEARCH AND thermal systems for power production or di-
and DEVELOPMENT.— rect use.
‘‘(D) producing high resolution maps, in- (1) DEFINITION OF ENGINEERED.—Section ‘‘(B) PROJECTS.—
cluding— 612(1) of the Energy Independence and Secu- ‘‘(i) IN GENERAL.—Under the initiative de-
‘‘(i) maps that indicate key subsurface pa- rity Act of 2007 (42 U.S.C. 17191(1)) is amend- scribed in subparagraph (A), not less than 4
rameters for electric and direct use re- ed in the matter preceding subparagraph (A) demonstration projects shall be carried out
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sources; and by striking ‘‘subjected to intervention, in- in locations that are potentially commer-
‘‘(ii) risk maps for induced seismicity cluding intervention’’ and inserting ‘‘de- cially viable for enhanced geothermal sys-
based on geologic, geographic, and oper- signed to access subsurface heat, including tems development, as determined by the Sec-
ational parameters; and nonstimulation technologies,’’. retary.
‘‘(2) to the maximum extent practicable, (2) PROGRAMS.—Section 615(b) of the En- ‘‘(ii) REQUIREMENTS.—Demonstration
by coordinating with relevant State officials ergy Independence and Security Act of 2007 projects under clause (i) shall—
and institutions of higher education to ex- (42 U.S.C. 17194(b)) is amended— ‘‘(I) collectively demonstrate—
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March 3, 2020 CONGRESSIONAL RECORD — SENATE S1367
‘‘(aa) different geologic settings, such as an area described in section 301(a) of the (ii) in the matter preceding subparagraph
hot sedimentary aquifers, layered geologic Public Works and Economic Development (A) (as so redesignated), by striking ‘‘For
systems, supercritical systems, and base- Act of 1965 (42 U.S.C. 3161(a)). purposes’’ and inserting the following:
ment rock systems; and ‘‘(3) GEOTHERMAL HEAT PUMP.—The term ‘‘(1) IN GENERAL.—For purposes’’; and
‘‘(bb) a variety of development techniques, ‘geothermal heat pump’ means a system that (iii) by adding at the end the following:
including open hole and cased hole comple- provides heating and cooling by exchanging ‘‘(2) SEPARATE CALCULATION.—
tions, differing well orientations, and stimu- heat from shallow ground or surface water ‘‘(A) IN GENERAL.—For purposes of deter-
lation mechanisms; using— mining compliance with the requirement of
‘‘(II) to the extent practicable, use existing ‘‘(A) a closed loop system, which transfers this section, any energy consumption that is
sites where subsurface characterization or heat by way of buried or immersed pipes that avoided through the use of geothermal en-
geothermal energy integration analysis has contain a mix of water and working fluid; or ergy shall be considered to be renewable en-
been conducted; and ‘‘(B) an open loop system, which circulates ergy produced.
‘‘(III) each be carried out in accordance ground or surface water directly into the ‘‘(B) EFFICIENCY ACCOUNTING.—Energy con-
with section 988 of the Energy Policy Act of building and returns the water to the same sumption that is avoided through the use of
2005 (42 U.S.C. 16352). aquifer or surface water source. geothermal energy that is considered to be
‘‘(iii) EASTERN DEMONSTRATION.—Not less ‘‘(c) PROGRAM.— renewable energy under this section shall
than 1 demonstration project under clause (i) ‘‘(1) IN GENERAL.—The Secretary shall sup- not be considered energy efficiency for the
shall be located in an area east of the Mis- port within the Geothermal Technologies Of- purpose of compliance with Federal energy
sissippi River that is suitable for enhanced fice a program of research, development, and efficiency goals, targets, and incentives.’’.
geothermal demonstration for power, heat, demonstration for geothermal heat pumps (2) CONFORMING AMENDMENT.—Section
or a combination of power and heat. and the direct use of geothermal energy. 2410q(a) of title 10, United States Code, is
‘‘(C) OPTIONAL PROGRAM STRUCTURE.— ‘‘(2) AREAS.—The program under paragraph amended by striking ‘‘section 203(b)(2) of the
‘‘(i) IN GENERAL.—The Secretary may, pur- (1) may include research, development, dem- Energy Policy Act of 2005 (42 U.S.C.
suant to section 646(g) of the Department of onstration, and commercial application of— 15852(b)(2))’’ and inserting ‘‘section 203(b) of
Energy Organization Act (42 U.S.C. 7256(g)), ‘‘(A) geothermal ground loop efficiency im- the Energy Policy Act of 2005 (42 U.S.C.
structure the initiative described in subpara- provements, cost reductions, and improved 15852(b))’’.
graph (A) as a public-private cost-shared installation and operations methods; (f) AUTHORIZATION OF APPROPRIATIONS.—
demonstration initiative with specific design ‘‘(B) the use of geothermal energy for Section 623 of the Energy Independence and
milestones required to be met by a partici- building-scale energy storage; Security Act of 2007 (42 U.S.C. 17202) is
pant before costs are reimbursed by the Sec- ‘‘(C) the use of geothermal energy as a grid amended by striking ‘‘$90,000,000’’ in the first
retary. management resource or seasonal energy sentence and all that follows through the pe-
‘‘(ii) REQUIREMENTS.—If the Secretary storage; riod at the end of the second sentence and in-
elects to carry out clause (i) for a dem- ‘‘(D) geothermal heat pump efficiency im- serting the following: ‘‘$165,000,000 for each of
onstration project, the Secretary shall— provements; fiscal years 2021 through 2025, of which—
‘‘(I) request proposals from eligible enti- ‘‘(E) the use of alternative fluids as a heat ‘‘(1) $5,000,000 each fiscal year shall be for
ties, as determined by the Secretary, that in- exchange medium, such as hot water found the prize competition under section 614(e);
clude— in mines and mine shafts, graywater, or and
‘‘(aa) a business plan; other fluids that may improve the economics ‘‘(2) $1,000,000 each fiscal year shall be for
‘‘(bb) technical details; and of geothermal heat pumps; the drilling data repository under section
‘‘(cc) proposed milestones and associated ‘‘(F) heating of districts, neighborhoods, 614(f).’’.
communities, large commercial or public (g) REAUTHORIZATION OF HIGH COST REGION
payments; and
buildings, and industrial and manufacturing GEOTHERMAL ENERGY GRANT PROGRAM.—Sec-
‘‘(II) select projects—
facilities; tion 625 of the Energy Independence and Se-
‘‘(aa) based on the demonstrated ability of
‘‘(G) the use of water sources at a tempera- curity Act of 2007 (42 U.S.C. 17204) is amend-
the eligible entity to meet the milestones ed—
and associated payments described in the ture of less than 150 degrees Celsius for di-
rect use; and (1) in subsection (a)(2), by inserting ‘‘or
proposal of that eligible entity; and heat’’ after ‘‘electrical power’’; and
‘‘(bb) that have the greatest potential com- ‘‘(H) system integration of direct use with
geothermal electricity production. (2) by striking subsection (e) and inserting
mercial applicability. the following:
‘‘(iii) AUTHORITY.—Notwithstanding sec- ‘‘(3) ENVIRONMENTAL IMPACTS.—In carrying
out the program, the Secretary shall identify ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—
tion 646(g)(10) of the Department of Energy There is authorized to be appropriated to
Organization Act (42 U.S.C. 7256(g)(10)), the and mitigate potential environmental im-
pacts in accordance with section 614(c). carry out this section $5,000,000 for each of
Secretary shall have the authority to carry fiscal years 2021 through 2025.’’.
‘‘(d) FINANCIAL ASSISTANCE.—
out clause (i) until the completion of the ini- (h) NATIONAL GOALS FOR PRODUCTION ON
‘‘(1) IN GENERAL.—The Secretary shall
tiative described in subparagraph (A).’’. FEDERAL LAND.—
(d) GEOTHERMAL HEAT PUMPS AND DIRECT make financial assistance available to State,
(1) IN GENERAL.—Not later than September
USE.— local, and Tribal governments, institutions
1, 2022, the Secretary of the Interior shall, in
(1) IN GENERAL.—Title VI of the Energy of higher education, nonprofit entities, Na-
consultation with the Secretary, the Sec-
Independence and Security Act of 2007 is tional Laboratories, utilities, and for-profit
retary of Agriculture, and other heads of rel-
amended by inserting after section 616 (42 companies to promote the development of
evant Federal agencies, establish national
U.S.C. 17195) the following: geothermal heat pumps and the direct use of
goals for geothermal energy capacity on pub-
‘‘SEC. 616A. GEOTHERMAL HEAT PUMPS AND DI- geothermal energy.
lic land.
RECT USE RESEARCH AND DEVEL- ‘‘(2) PRIORITY.—In providing financial as- (2) GEOTHERMAL ENERGY DEVELOPMENT.—
OPMENT. sistance under this subsection, the Secretary The Director of the Bureau of Land Manage-
‘‘(a) PURPOSES.—The purposes of this sec- shall give priority to proposals that apply to ment, in consultation with other appropriate
tion are— large buildings, commercial districts, and Federal officials, shall take any actions that
‘‘(1) to improve the components, processes, residential communities that are located in the Director of the Bureau of Land Manage-
and systems used for geothermal heat pumps economically distressed areas.’’. ment determines necessary to facilitate geo-
and the direct use of geothermal energy; and (2) CLERICAL AMENDMENT.—The table of thermal energy development, consistent
‘‘(2) to increase the energy efficiency, contents in section 1(b) of the Energy Inde- with applicable laws.
lower the cost, increase the use, and improve pendence and Security Act of 2007 (Public (i) FACILITATION OF COPRODUCTION OF GEO-
and demonstrate the applicability of geo- Law 110–140; 121 Stat. 1495) is amended by in- THERMAL ENERGY ON OIL AND GAS LEASES.—
thermal heat pumps to, and the direct use of serting after the item relating to section 616 Section 4(b) of the Geothermal Steam Act of
geothermal energy in, large buildings, com- the following: 1970 (30 U.S.C. 1003(b)) is amended by adding
mercial districts, residential communities, ‘‘Sec. 616A. Geothermal heat pumps and di- at the end the following:
and large municipal, agricultural, or indus- rect use research and develop- ‘‘(4) LAND SUBJECT TO OIL AND GAS LEASE.—
trial projects. ment.’’. Land under an oil and gas lease issued pursu-
‘‘(b) DEFINITIONS.—In this section: (e) MODIFYING THE DEFINITION OF RENEW- ant to the Mineral Leasing Act (30 U.S.C. 181
‘‘(1) DIRECT USE OF GEOTHERMAL ENERGY.— ABLE ENERGY TO INCLUDE THERMAL EN- et seq.) or the Mineral Leasing Act for Ac-
The term ‘direct use of geothermal energy’ ERGY.— quired Lands (30 U.S.C. 351 et seq.) that is
means geothermal systems that use water (1) IN GENERAL.—Section 203 of the Energy subject to an approved application for per-
directly or through a heat exchanger to pro- Policy Act of 2005 (42 U.S.C. 15852) is amend- mit to drill and from which oil and gas pro-
dlhill on DSKBBY8HB2PROD with SENATE
vide— ed— duction is occurring may be available for
‘‘(A) heating to buildings; or (A) in subsection (b)(2), by striking ‘‘gen- noncompetitive leasing under this section to
‘‘(B) heat required for industrial processes, erated’’ and inserting ‘‘produced’’; and the holder of the oil and gas lease—
agriculture, aquaculture, and other facili- (B) in subsection (c)— ‘‘(A) on a determination that—
ties. (i) by redesignating paragraphs (1) through ‘‘(i) geothermal energy will be produced
‘‘(2) ECONOMICALLY DISTRESSED AREA.—The (3) as subparagraphs (A) through (C), respec- from a well producing or capable of pro-
term ‘economically distressed area’ means tively, and indenting appropriately; ducing oil and gas; and
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S1368 CONGRESSIONAL RECORD — SENATE March 3, 2020
‘‘(ii) national energy security will be im- ‘‘(C) provide public notice of the deter- (i) not later than 90 days after the date on
proved by the issuance of such a lease; and mination. which the employee is assigned, report to the
‘‘(B) to provide for the coproduction of geo- ‘‘(3) OPPORTUNITY TO REMEDY.—If the Sec- State Director of the Bureau of Land Man-
thermal energy with oil and gas.’’. retary determines under paragraph (2)(A) agement for the State in which the office to
(j) GEOTHERMAL RESOURCE CONFIRMATION that the project is not a geothermal resource which the employee is assigned is located;
TEST PROJECTS.— confirmation test project, the Secretary (ii) be responsible for all issues relating to
(1) IN GENERAL.—The Geothermal Steam shall— the jurisdiction of the home office or agency
Act of 1970 (30 U.S.C. 1001 et seq.) is amended ‘‘(A) include in such notice clear and de- of the employee; and
by adding at the end the following: tailed findings on any deficiencies in the (iii) participate as part of the team of per-
‘‘SEC. 30. GEOTHERMAL RESOURCE CONFIRMA- project that resulted in such determination; sonnel working on proposed energy projects,
TION TEST PROJECTS. and planning, and environmental analyses.
‘‘(a) DEFINITIONS.—In this section: ‘‘(B) allow the leaseholder to remedy any (6) ADDITIONAL PERSONNEL.—The Secretary
‘‘(1) EXTRAORDINARY CIRCUMSTANCES.—The such deficiencies and resubmit the notice of shall assign to each Program office any addi-
term ‘extraordinary circumstances’ has the intent under paragraph (1).’’. tional personnel that are necessary to ensure
same meaning given the term in the Depart- (2) REPEAL.—The Geothermal Energy Re- the effective implementation of—
ment of the Interior Departmental Manual, search, Development, and Demonstration (A) the Program; and
516 DM 2.3A(3) and 516 DM 2, Appendix 2 (or Act of 1974 (30 U.S.C. 1101 et seq.) is repealed. (B) any program administered by the Pro-
successor provisions). (k) PROGRAM TO IMPROVE FEDERAL GEO- gram office, including inspection and en-
‘‘(2) GEOTHERMAL RESOURCE CONFIRMATION THERMAL PERMIT COORDINATION.— forcement relating to energy development on
TEST PROJECT.—The term ‘geothermal re- (1) DEFINITIONS.—In this subsection: Federal land, in accordance with the mul-
source confirmation test project’ means a (A) PROGRAM.—The term ‘‘Program’’ tiple use mandate of the Federal Land Policy
project of drilling not more than 3 wells into means the Geothermal Energy Permitting and Management Act of 1976 (43 U.S.C. 1701 et
a reservoir to test or explore for geothermal Coordination Program established under seq.).
resources— paragraph (2). (7) TRANSFER OF FUNDS.—To facilitate the
‘‘(A) on land for which the Secretary has (B) SECRETARY.—The term ‘‘Secretary’’ coordination and processing of geothermal
issued a lease under this Act; and means the Secretary of the Interior. permits on Federal land under the adminis-
‘‘(B) that— (2) ESTABLISHMENT OF PROGRAM.—Not later tration of a Program office, the Secretary
‘‘(i) is carried out by the holder of the than 90 days after the date of enactment of may authorize the expenditure or transfer of
lease; this Act, the Secretary shall establish a pro- any funds that are necessary to—
‘‘(ii) allows for well testing, such as to con- gram, to be known as the ‘‘Geothermal En- (A) the United States Fish and Wildlife
firm temperature, pressure, chemistry, flow ergy Permitting Coordination Program’’, to Service;
rate, and near-wellbore and overall reservoir improve Federal permit coordination and re- (B) the Bureau of Indian Affairs;
permeability; duce regulatory timelines with respect to (C) the Forest Service;
‘‘(iii) causes— geothermal energy projects on Federal land (D) the Environmental Protection Agency;
‘‘(I) less than 2.5 acres of soil or vegetation by increasing the expertise of officials ad- (E) the Corps of Engineers;
disruption at the location of each geo- ministering and approving permits. (F) the Department of Defense; or
thermal exploration well; and (3) ESTABLISHMENT OF PROGRAM OFFICES.— (G) any State in which a geothermal
‘‘(II) not more than an additional 5 acres of To carry out the Program, the Secretary project is located.
soil or vegetation disruption during access to shall establish 1 or more Program offices at (8) REPORTS.—Not later than 3 years after
or egress from the test site; State or district offices of the Department of the date of enactment of this Act, the Sec-
‘‘(iv) is less than 9 inches in bottom-hole the Interior. retary shall submit to Congress a report that
diameter; (4) MEMORANDUM OF UNDERSTANDING.— describes—
‘‘(v) is developed— (A) IN GENERAL.—Not later than 90 days (A) the progress of the Program; and
‘‘(I) in a manner that does not require off- after the date of enactment of this Act, the (B) any problems relating to leasing, per-
road motorized access other than to and Secretary shall enter into a memorandum of mitting, or siting with respect to geothermal
from the well site along an identified off- understanding for purposes of this subsection energy development on Federal land.
road route; and with— (9) SAVINGS CLAUSE.—Nothing in this sub-
‘‘(II) without the use of high-pressure well (i) the Secretary of Agriculture; section affects—
stimulation; (ii) the Administrator of the Environ- (A) the operation of any Federal or State
mental Protection Agency; and law; or
‘‘(vi) includes the removal of any surface
(iii) the Secretary of Defense. (B) any delegation of authority made by
infrastructure other than the wellhead from
(B) STATE PARTICIPATION.—The Secretary the head of a Federal agency any employee
the site not later than 90 days after the
may request that the Governor of any State of which is participating in the Program.
project is completed; and
be a signatory to the memorandum of under- SEC. 1204. WIND ENERGY RESEARCH AND DEVEL-
‘‘(vii) requires, not later than 42 months
standing under subparagraph (A). OPMENT.
after the date on which the first exploration
(5) DESIGNATION OF QUALIFIED STAFF.— (a) DEFINITIONS.—In this section:
drilling began, the restoration of the project
(A) IN GENERAL.—Not later than 30 days (1) ECONOMICALLY DISTRESSED AREA.—The
site to approximately the condition that ex-
after the date on which the memorandum of term ‘‘economically distressed area’’ means
isted at the time the project begins, unless
understanding under paragraph (4) is exe- an area described in section 301(a) of the
the site is subsequently used as part of an
cuted, all Federal signatories, as appro- Public Works and Economic Development
energy development under the lease.
‘‘(b) CATEGORICAL EXCLUSION.—Unless ex- priate, shall assign to each Program office Act of 1965 (42 U.S.C. 3161(a)).
traordinary circumstances exist, a project established under paragraph (3) 1 or more (2) ELIGIBLE ENTITY.—The term ‘‘eligible
that the Secretary determines under sub- employees who have expertise in the regu- entity’’ means—
section (c) is a geothermal resource con- latory issues relating to the office or agency (A) an institution of higher education;
firmation test project shall be categorically in which the employee is employed, includ- (B) a National Laboratory;
excluded from the requirements for an envi- ing, as applicable, particular expertise in— (C) a Federal research agency;
ronmental assessment or an environmental (i) consultation regarding, and preparation (D) a State research agency;
impact statement under the National Envi- of, biological opinions under section 7 of the (E) a research agency associated with a
ronmental Policy Act of 1969 (42 U.S.C. 4321 Endangered Species Act of 1973 (16 U.S.C. territory or freely associated state;
et seq.) or section 1508.4 of title 40, Code of 1536); (F) a tribal energy development organiza-
Federal Regulations (or a successor regula- (ii) permits under section 404 of the Fed- tion;
tion). eral Water Pollution Control Act (33 U.S.C. (G) an Indian tribe;
‘‘(c) PROCESS.— 1344); (H) a tribal organization;
‘‘(1) REQUIREMENT TO PROVIDE NOTICE.—A (iii) regulatory matters under the Clean (I) a Native Hawaiian community-based or-
leaseholder shall provide notice to the Sec- Air Act (42 U.S.C. 7401 et seq.); ganization;
retary of the intent of the leaseholder to (iv) the Federal Land Policy and Manage- (J) a nonprofit research organization;
carry out a geothermal resource confirma- ment Act of 1976 (43 U.S.C. 1701 et seq.); (K) an industrial entity;
tion test project at least 30 days before the (v) planning under section 14 of the Na- (L) any other entity, as determined by the
start of drilling under the project. tional Forest Management Act of 1976 (16 Secretary; and
‘‘(2) REVIEW AND DETERMINATION.—Not U.S.C. 472a); (M) a consortium of 2 or more entities de-
later than 30 days after receipt of a notice of (vi) developing geothermal resources under scribed in subparagraphs (A) through (L).
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intent under paragraph (1), the Secretary the Geothermal Steam Act of 1970 (30 U.S.C. (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’
shall, with respect to the project described in 1001 et seq.); and has the meaning given the term in section 4
the notice of intent— (vii) the preparation of analyses under the of the Indian Self-Determination and Edu-
‘‘(A) determine if the project is a geo- National Environmental Policy Act of 1969 cation Assistance Act (25 U.S.C. 5304).
thermal resource confirmation test project; (42 U.S.C. 4321 et seq.). (4) INSTITUTION OF HIGHER EDUCATION.—The
‘‘(B) notify the leaseholder of such deter- (B) DUTIES.—Each employee assigned term ‘‘institution of higher education’’ has
mination; and under subparagraph (A) shall— the meaning given the term in section 101 of
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March 3, 2020 CONGRESSIONAL RECORD — SENATE S1369
the Higher Education Act of 1965 (20 U.S.C. mid-term (up to 7 years), and long-term (up (VI) wildlife and wildlife habitats; and
1001). to 15 years) challenges to the advancement (VII) any other appropriate matter, as de-
(5) NATIVE HAWAIIAN COMMUNITY-BASED OR- of wind energy technologies, including on- termined by the Secretary.
GANIZATION.—The term ‘‘Native Hawaiian shore, offshore, distributed, and off-grid (x) Advanced physics-based and data anal-
community-based organization’’ has the technologies. ysis computational tools, in coordination
meaning given the term in section 6207 of the (2) ACTIVITIES.— with the high-performance computing pro-
Elementary and Secondary Education Act of (A) TYPES OF ACTIVITIES.—In carrying out grams of the Department.
1965 (20 U.S.C. 7517). the program, the Secretary shall carry out (xi) Technologies for distributed wind, in-
(6) PROGRAM.—The term ‘‘program’’ means research, development, demonstration, and cluding micro, small, and medium turbines
the program established under subsection commercialization activities, including— and the components of those turbines.
(b)(1). (i) awarding grants and awards, on a com- (xii) Transformational technologies for
(7) TERRITORY OR FREELY ASSOCIATED petitive, merit-reviewed basis; harnessing wind energy.
STATE.—The term ‘‘territory or freely associ- (ii) performing precompetitive research (xiii) Other research areas that advance
ated state’’ has the meaning given the term and development; the purposes of the program, as determined
‘‘insular area’’ in section 1404 of the Food (iii) establishing or maintaining dem- by the Secretary.
and Agriculture Act of 1977 (7 U.S.C. 3103). onstration facilities and projects, including (C) PRIORITIZATION.—In carrying out ac-
(8) TRIBAL ENERGY DEVELOPMENT ORGANIZA- through stewardship of existing facilities tivities under the program, the Secretary
TION.—The term ‘‘tribal energy development such as the National Wind Test Center; shall give priority to projects that—
organization’’ has the meaning given the (iv) providing technical assistance; (i) are located in geographically diverse re-
term in section 2601 of the Energy Policy Act (v) entering into contracts and cooperative gions of the United States;
of 1992 (25 U.S.C. 3501). agreements; (ii) support the development or demonstra-
(9) TRIBAL ORGANIZATION.—The term ‘‘trib- (vi) providing small business vouchers; tion of projects—
al organization’’ has the meaning given the (vii) conducting education and outreach (I) in collaboration with tribal energy de-
term in section 4 of the Indian Self-Deter- activities; velopment organizations, Indian tribes, trib-
mination and Education Assistance Act (25 (viii) conducting workforce development al organizations, Native Hawaiian commu-
U.S.C. 5304). activities; and nity-based organizations, or territories or
(b) WIND ENERGY TECHNOLOGY PROGRAM.— (ix) conducting analyses, studies, and re- freely associated states; or
(1) ESTABLISHMENT.— ports. (II) in economically distressed areas;
(A) IN GENERAL.—The Secretary shall es- (B) SUBJECT AREAS.—The Secretary shall (iii) can be replicated in a variety of re-
tablish a program to conduct research, devel- carry out research, development, testing, gions and climates; and
opment, testing, evaluation, demonstration, evaluation, demonstration, and commer- (iv) include business commercialization
and commercialization of wind energy tech- cialization activities in the following subject plans that have the potential for—
nologies in accordance with this subsection. areas: (I) domestic manufacturing and production
(B) PURPOSES.—The purposes of the pro- (i) Wind power plant performance, oper- of wind energy technologies; or
gram are the following: ations, and security. (II) exports of wind energy technologies.
(i) To improve the energy efficiency, cost (ii) New materials and designs relating to (D) COORDINATION.—To the maximum ex-
effectiveness, reliability, resilience, secu- all hardware, software, and components of tent practicable, the Secretary shall coordi-
rity, integration, manufacturability, and wind energy technologies, including alter- nate activities under the program with other
recyclability of wind energy technologies. natives to minerals and other commodities relevant programs and capabilities of the De-
(ii) To optimize the performance and oper- from foreign sources that are determined to partment and other Federal research pro-
ation of wind energy components, turbines, be vulnerable to disruption. grams.
and systems, including through the develop- (iii) Advanced wind energy manufacturing (3) WIND TECHNICIAN TRAINING GRANT PRO-
ment of new materials, hardware, and soft- technologies and practices, including mate- GRAM.—The Secretary may award grants, on
ware. rials, processes, and design. a competitive basis, to eligible entities to
(iii) To optimize the design and adapt- (iv) Offshore wind-specific projects and purchase large pieces of wind component
ability of wind energy technologies to the plants, including— equipment, such as nacelles, towers, and
broadest practical range of geographic, at- (I) the deep water floating systems, mate- blades, for use in training wind technician
mospheric, offshore, and other site condi- rials, components, and operation of offshore students in onshore or offshore wind applica-
tions, including— facilities; and tions.
(I) at varying hub heights; and (II) the monitoring and analysis of site and (4) WAGES.—Notwithstanding any other
(II) through the use of computer modeling. environmental considerations unique to off- provision of law, all laborers and mechanics
(iv) To support the integration of wind en- shore sites. employed by contractors or subcontractors
ergy technologies with— (v) Integration of wind energy technologies on projects funded by grants under this sub-
(I) the electric grid, including trans- with— section shall be paid wages at rates not less
mission, distribution, microgrids, and dis- (I) the electric grid, including trans- than those prevailing on projects of a similar
tributed energy systems; and mission, distribution, microgrids, and dis- character in the locality, as determined by
(II) other energy technologies and systems, tributed energy systems; and the Secretary of Labor, in accordance with
such as— (II) other energy technologies, including— subchapter IV of chapter 31 of title 40,
(aa) other generation sources; (aa) other generation sources; United States Code.
(bb) demand response technologies; (bb) demand response technologies; and (5) WIND ENERGY PROGRAM STRATEGIC VI-
(cc) energy storage technologies; and (cc) energy storage technologies. SION.—
(dd) hybrid systems. (vi) Methods to improve the lifetime, (A) IN GENERAL.—Not later than September
(v) To reduce the cost and risk across the maintenance, recycling, and reuse of wind 1, 2022, and every 6 years thereafter, the Sec-
lifespan of wind energy technologies, includ- energy components and systems. retary shall submit to Congress a report on
ing— (vii) Wind power forecasting and atmos- the strategic vision, progress, goals, and tar-
(I) manufacturing, permitting, construc- pheric measurement systems, including for gets of the program, including assessments
tion, operations, maintenance, and recy- turbines and plant systems of varying of wind energy markets and manufacturing.
cling; and height. (B) PREPARATION.—The Secretary shall co-
(II) through the development of solutions (viii) Hybrid wind energy systems, grid- ordinate the preparation of the report under
to transportation barriers to wind compo- connected and off-grid, that incorporate di- subparagraph (A) with—
nents. verse— (i) existing peer review processes;
(vi) To reduce and mitigate any potential (I) generation sources; (ii) studies conducted by the National Lab-
negative impacts of wind energy tech- (II) loads; and oratories; and
nologies on— (III) storage technologies. (iii) the multiyear program planning re-
(I) human communities; (ix) Reducing, including through education quired under section 994 of the Energy Policy
(II) military operations; and outreach activities, market barriers to Act of 2005 (42 U.S.C. 16358).
(III) aviation; the adoption of wind energy technologies, (6) AUTHORIZATION OF APPROPRIATIONS.—
(IV) radar; and such as impacts on, or challenges relating There is authorized to be appropriated to the
(V) wildlife and wildlife habitats. to— Secretary to carry out the program
(vii) To address barriers to the commer- (I) distributed wind technologies, including $120,000,000 for each of fiscal years 2021
cialization and export of wind energy tech- the development of best practices, models, through 2025.
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nologies. and voluntary streamlined processes for (c) CONFORMING AMENDMENTS.—
(viii) To support the domestic wind indus- local permitting of distributed wind energy (1) Section 4 of the Renewable Energy and
try, workforce, and supply chain. systems to reduce costs; Energy Efficiency Technology Competitive-
(C) TARGETS.—Not later than 180 days after (II) airspace; ness Act of 1989 (42 U.S.C. 12003) is amended—
the date of enactment of this Act, the Sec- (III) military uses; (A) in the section heading by striking
retary shall establish targets for the pro- (IV) radar; ‘‘WIND,’’;
gram relating to near-term (up to 2 years), (V) local communities; (B) in subsection (a)—
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S1370 CONGRESSIONAL RECORD — SENATE March 3, 2020
(i) in the matter preceding paragraph (1), ated state’’ has the meaning given the term (II) advanced photovoltaic and thin-film
by striking ‘‘wind,’’; ‘‘insular area’’ in section 1404 of the Food devices;
(ii) by striking paragraph (1); and and Agriculture Act of 1977 (7 U.S.C. 3103). (III) concentrated solar power;
(iii) by redesignating paragraphs (2) (10) TRIBAL ENERGY DEVELOPMENT ORGANI- (IV) solar heating and cooling; and
through (5) as paragraphs (1) through (4), re- ZATION.—The term ‘‘tribal energy develop- (V) enabling technologies for solar energy
spectively; and ment organization’’ has the meaning given systems, including hardware and software.
(C) in subsection (c), in the matter pre- the term in section 2601 of the Energy Policy (ii) Solar energy technology performance,
ceding paragraph (1), by striking ‘‘the Wind Act of 1992 (25 U.S.C. 3501). operations, and security.
Energy Research Program,’’. (11) TRIBAL ORGANIZATION.—The term ‘‘trib- (iii) Integration of solar energy tech-
(2) Section 931(a)(2) of the Energy Policy al organization’’ has the meaning given the nologies with—
Act of 2005 (42 U.S.C. 16231(a)(2)) is amend- term in section 4 of the Indian Self-Deter- (I) the electric grid, including trans-
ed— mination and Education Assistance Act (25 mission, distribution, microgrids, and dis-
(A) by striking subparagraph (B); and U.S.C. 5304). tributed energy systems;
(B) by redesignating subparagraphs (C) (b) SOLAR ENERGY TECHNOLOGY PROGRAM.— (II) other energy technologies, including—
through (E) as subparagraphs (B) through (1) ESTABLISHMENT.— (aa) other generation sources;
(D), respectively. (A) IN GENERAL.—The Secretary shall es- (bb) demand response technologies; and
(3) Section 636 of the Energy Independence (cc) energy storage technologies; and
tablish a program to conduct research, devel-
and Security Act of 2007 (42 U.S.C. 17215) is (III) other nonelectric applications, such as
opment, testing, evaluation, demonstration,
amended by striking ‘‘section 931(a)(2)(E)(i)’’
and commercialization of solar energy tech- in the agriculture, transportation, indus-
and all that follows through the period at
nologies in accordance with this subsection. trial, and fuels sectors.
the end and inserting ‘‘subparagraph (D)(i) of
(B) PURPOSES.—The purposes of the pro- (iv) Advanced solar energy manufacturing
section 931(a)(2) of the Energy Policy Act of
gram are the following: technologies and practices, including mate-
2005 (42 U.S.C. 16231(a)(2)).’’.
(i) To improve the energy efficiency, cost rials, processes, and design.
SEC. 1205. SOLAR ENERGY RESEARCH AND DE-
VELOPMENT. effectiveness, reliability, resilience, secu- (v) Methods to improve the lifetime, main-
(a) DEFINITIONS.—In this section: rity, integration, manufacturability, and tenance, recycling, and reuse of solar energy
(1) ECONOMICALLY DISTRESSED AREA.—The recyclability of solar energy technologies. components and systems.
term ‘‘economically distressed area’’ means (ii) To optimize the performance and oper- (vi) Solar energy forecasting, modeling,
an area described in section 301(a) of the ation of solar energy components, cells, and and atmospheric measurement systems, in-
Public Works and Economic Development systems, and enabling technologies, includ- cluding for small-scale, large-scale, and ag-
Act of 1965 (42 U.S.C. 3161(a)). ing through the development of new mate- gregated systems.
(2) ELIGIBLE ENTITY.—The term ‘‘eligible rials, hardware, and software. (vii) Hybrid solar energy systems that in-
entity’’ means— (iii) To optimize the design and adapt- corporate diverse—
(A) an institution of higher education; ability of solar energy systems to the broad- (I) generation sources;
(B) a National Laboratory; est practical range of geographic and atmos- (II) loads; and
(C) a Federal research agency; pheric conditions. (III) storage technologies.
(D) a State research agency; (iv) To support the integration of solar en- (viii) Reducing market barriers to the
(E) a research agency associated with a ergy technologies with the electric grid and adoption of solar energy technologies, in-
territory or freely associated state; complementary energy technologies. cluding impacts on, or challenges relating
(F) a tribal energy development organiza- (v) To create and improve the conversion to—
tion; of solar energy to other useful forms of en- (I) distributed solar technologies, includ-
(G) an Indian tribe; ergy or other products. ing the development of best practices, mod-
(H) a tribal organization; (vi) To reduce and mitigate any potential els, and voluntary streamlined processes for
(I) a Native Hawaiian community-based or- negative impacts of solar energy tech- local permitting of distributed solar energy
ganization; nologies on humans, wildlife, and wildlife systems to reduce costs;
(J) a nonprofit research organization; habitats. (II) local communities;
(K) an industrial entity; (vii) To address barriers to the commer- (III) wildlife and wildlife habitats; and
(L) any other entity, as determined by the cialization and export of solar energy tech- (IV) any other appropriate matter, as de-
Secretary; and nologies. termined by the Secretary.
(M) a consortium of 2 or more entities de- (viii) To support the domestic solar indus- (ix) Transformational technologies for har-
scribed in subparagraphs (A) through (L). try, workforce, and supply chain. nessing solar energy.
(3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ (C) TARGETS.—Not later than 180 days after (x) Other research areas that advance the
has the meaning given the term in section 4 the date of enactment of this Act, the Sec- purposes of the program, as determined by
of the Indian Self-Determination and Edu- retary shall establish targets for the pro- the Secretary.
cation Assistance Act (25 U.S.C. 5304). gram to address near-term (up to 2 years), (C) PRIORITIZATION.—In carrying out ac-
(4) INSTITUTION OF HIGHER EDUCATION.—The mid-term (up to 7 years), and long-term (up tivities under the program, the Secretary
term ‘‘institution of higher education’’ has to 15 years) challenges to the advancement shall give priority to projects that—
the meaning given the term in section 101 of of solar energy systems. (i) are located in a geographically diverse
the Higher Education Act of 1965 (20 U.S.C. (2) ACTIVITIES.— range of eligible entities;
1001). (A) TYPES OF ACTIVITIES.—In carrying out (ii) support the development or demonstra-
(5) NATIVE HAWAIIAN COMMUNITY-BASED OR- the program, the Secretary shall carry out tion of projects—
GANIZATION.—The term ‘‘Native Hawaiian research, development, demonstration, and (I) in collaboration with tribal energy de-
community-based organization’’ has the commercialization activities, including— velopment organizations, Indian tribes, trib-
meaning given the term in section 6207 of the (i) awarding grants and awards, on a com- al organizations, Native Hawaiian commu-
Elementary and Secondary Education Act of petitive, merit-reviewed basis; nity-based organizations, or territories or
1965 (20 U.S.C. 7517). (ii) performing precompetitive research freely associated states; or
(6) PHOTOVOLTAIC DEVICE.—The term ‘‘pho- and development; (II) in economically distressed areas;
tovoltaic device’’ means— (iii) establishing or maintaining dem- (iii) can be replicated in a variety of re-
(A) a device that converts light directly onstration facilities and projects, including gions and climates; and
into electricity through a solid-state, semi- through stewardship of existing facilities; (iv) include business commercialization
conductor process; (iv) providing technical assistance; plans that have the potential for—
(B) the photovoltaic cells of a device de- (v) entering into contracts and cooperative (I) domestic manufacturing and production
scribed in subparagraph (A); and agreements; of solar energy technologies; or
(C) the electronic and electrical compo- (vi) providing small business vouchers; (II) exports of solar energy technologies.
nents of a device described in subparagraph (vii) establishing prize competitions; (D) COORDINATION.—To the maximum ex-
(A). (viii) conducting education and outreach tent practicable, the Secretary shall coordi-
(7) PROGRAM.—The term ‘‘program’’ means activities; and nate activities under the program with other
the program established under subsection (ix) conducting analyses, studies, and re- relevant programs and capabilities of the De-
(b)(1)(A). ports. partment and other Federal research pro-
(8) SOLAR ENERGY.—The term ‘‘solar en- (B) SUBJECT AREAS.—The Secretary shall grams.
ergy’’ means— carry out research, development, testing, (E) USE OF FUNDS.—To the extent that
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(A) thermal or electric energy derived from evaluation, demonstration, and commer- funding is not otherwise available through
radiation from the Sun; or cialization activities in the following subject other Federal programs or power purchase
(B) energy resulting from a chemical reac- areas: agreements, funding awarded under this
tion caused by radiation recently originated (i) Advanced solar energy technologies, in- paragraph may be used for additional non-
in the Sun. cluding— technology costs, as determined to be appro-
(9) TERRITORY OR FREELY ASSOCIATED (I) new materials, components, designs, priate by the Secretary, such as engineering
STATE.—The term ‘‘territory or freely associ- and systems, including perovskites; or feasibility studies.
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March 3, 2020 CONGRESSIONAL RECORD — SENATE S1371
(3) ADVANCED SOLAR ENERGY MANUFAC- (B) COORDINATION.—In establishing the (C) by redesignating subsections (e)
TURING INITIATIVE.— database described in subparagraph (A), the through (g) as subsections (d) through (f), re-
(A) GRANTS.—In addition to the program Secretary shall coordinate with— spectively.
activities described in paragraph (2), in car- (i) the Director of the National Institute of (6)(A) Sections 606 and 607 of the Energy
rying out the program, the Secretary shall Standards and Technology; Independence and Security Act of 2007 (42
award multiyear grants to eligible entities (ii) the Administrator of the Environ- U.S.C. 17174, 17175) are repealed.
for research, development, and demonstra- mental Protection Agency; (B) The table of contents in section 1(b) of
tion projects to advance new solar energy (iii) the Secretary of the Interior; and the Energy Independence and Security Act of
manufacturing technologies and techniques. (iv) relevant industry stakeholders, as de- 2007 (Public Law 110–140; 121 Stat. 1495) is
(B) PRIORITY.—In awarding grants under termined by the Secretary. amended by striking the items relating to
subparagraph (A), to the extent practicable, (6) SOLAR ENERGY TECHNOLOGY PROGRAM sections 606 and 607.
the Secretary shall give priority to solar en- STRATEGIC VISION.— (d) SAVINGS PROVISION.—The repeal of the
ergy manufacturing projects that— (A) IN GENERAL.—Not later than September Solar Energy Research, Development, and
(i) increase efficiency and cost effective- 1, 2022, and every 6 years thereafter, the Sec- Demonstration Act of 1974 (42 U.S.C. 5551 et
ness in— retary shall submit to Congress a report on seq.) under subsection (c)(1) shall not affect
(I) the manufacturing process; and the strategic vision, progress, goals, and tar- the authority of the Secretary to conduct re-
(II) the use of resources. gets of the program, including assessments search and development on solar energy.
(ii) support domestic supply chains for ma- of solar energy markets and manufacturing. Subtitle C—Energy Storage
terials and components; (B) PREPARATION.—The Secretary shall co- SEC. 1301. BETTER ENERGY STORAGE TECH-
(iii) identify and incorporate nonhazardous ordinate the preparation of the report under NOLOGY.
alternative materials for components and de- subparagraph (A) with— (a) DEFINITIONS.—In this section:
vices; (i) existing peer review processes; (1) ENERGY STORAGE SYSTEM.—The term
(iv) operate in partnership with tribal en- (ii) studies conducted by the National Lab- ‘‘energy storage system’’ means any system,
ergy development organizations, Indian oratories; and equipment, facility, or technology that—
tribes, tribal organizations, Native Hawaiian (iii) the multiyear program planning re- (A) is capable of absorbing or converting
community-based organizations, or terri- quired under section 994 of the Energy Policy energy, storing the energy for a period of
tories or freely associated states; or Act of 2005 (42 U.S.C. 16358). time, and dispatching the energy; and
(v) are located in economically distressed (7) AUTHORIZATION OF APPROPRIATIONS.— (B)(i) uses mechanical, electrochemical,
areas. There is authorized to be appropriated to the thermal, electrolysis, or other processes to
(C) EVALUATION.—Not later than 3 years Secretary to carry out the program convert and store electric energy that was
after the date of enactment of this Act, and $270,000,000 for each of fiscal years 2021 generated at an earlier time for use at a
every 4 years thereafter, the Secretary shall through 2025. later time; or
conduct, and make available to the public (c) CONFORMING AMENDMENTS.— (ii) stores energy in an electric, thermal,
and the relevant committees of Congress, an (1) The Solar Energy Research, Develop- or gaseous state for direct use for heating or
independent review of the progress of the ment, and Demonstration Act of 1974 (42 cooling at a later time in a manner that
grants awarded under subparagraph (A). U.S.C. 5551 et seq.) is repealed. avoids the need to use electricity or other
(4) SOLAR ENERGY TECHNOLOGY RECYCLING (2) Section 6(b)(3) of the Federal Non- fuel sources at that later time, such as a
RESEARCH, DEVELOPMENT, AND DEMONSTRA- nuclear Energy Research and Development grid-enabled water heater.
TION PROGRAM.— Act of 1974 (42 U.S.C. 5905(b)(3)) is amended— (2) PROGRAM.—The term ‘‘program’’ means
(A) IN GENERAL.—In addition to the pro- (A) by striking subparagraph (L); and the Energy Storage System Research, Devel-
gram activities described in paragraph (2), in (B) by redesignating subparagraphs (M) opment, and Deployment Program estab-
carrying out the program, the Secretary through (S) as subparagraphs (L) through lished under subsection (b)(1).
shall award multiyear grants to eligible enti- (R), respectively. (b) ENERGY STORAGE SYSTEM RESEARCH,
ties for research, development, and dem- (3) The Solar Photovoltaic Energy Re- DEVELOPMENT, AND DEPLOYMENT PROGRAM.—
onstration projects to create innovative and search, Development, and Demonstration (1) ESTABLISHMENT.—Not later than 180
practical approaches to increase the reuse Act of 1978 (42 U.S.C. 5581 et seq.) is repealed. days after the date of enactment of this Act,
and recycling of solar energy technologies, (4) Section 4 of the Renewable Energy and the Secretary shall establish a program, to
including— Energy Efficiency Technology Competitive- be known as the ‘‘Energy Storage System
(i) by increasing the efficiency and cost ef- ness Act of 1989 (42 U.S.C. 12003) is amended— Research, Development, and Deployment
fectiveness of the recovery of raw materials (A) in the section heading, by striking Program’’.
from solar energy technology components ‘‘PHOTOVOLTAICS, AND SOLAR THERMAL’’ and in- (2) INITIAL PROGRAM OBJECTIVES.—The pro-
and systems, including enabling technologies serting ‘‘ALCOHOL FROM BIOMASS AND OTHER gram shall focus on research, development,
such as inverters; TECHNOLOGY’’; and deployment of—
(ii) by minimizing environmental impacts (B) in subsection (a)— (A) energy storage systems designed to fur-
from the recovery and disposal processes; (i) in the matter preceding paragraph (1) ther the development of technologies—
(iii) by addressing any barriers to the re- (as redesignated by section 1204(c)(1)(B)(iii)), (i) for large-scale commercial deployment;
search, development, demonstration, and by striking ‘‘photovoltaics, and solar ther- (ii) for deployment at cost targets estab-
commercialization of technologies and proc- mal energy’’ and inserting ‘‘alcohol from bio- lished by the Secretary;
esses for the disassembly and recycling of mass and other energy technology’’; (iii) for hourly and subhourly durations re-
solar energy devices; (ii) by striking paragraphs (1) and (2) (as quired to provide reliability services to the
(iv) by developing alternative materials, redesignated by section 1204(c)(1)(B)(iii)); and grid;
designs, manufacturing processes, and other (iii) by redesignating paragraphs (3) and (4) (iv) for daily durations, which have—
aspects of solar energy technologies and the (as redesignated by section 1204(c)(1)(B)(iii)) (I) the capacity to discharge energy for a
disassembly and resource recovery process as paragraphs (1) and (2), respectively; and minimum of 6 hours; and
that enable efficient, cost effective, and en- (C) in subsection (c)— (II) a system lifetime of at least 20 years
vironmentally responsible disassembly of, (i) in the matter preceding paragraph (1), under regular operation;
and resource recovery from, solar energy by striking ‘‘the Photovoltaic Energy Sys- (v) for weekly or monthly durations, which
technologies; and tems Program, the Solar Thermal Energy have—
(v) strategies to increase consumer accept- Systems Program,’’; (I) the capacity to discharge energy for 10
ance of, and participation in, the recycling of (ii) in paragraph (1)— to 100 hours, at a minimum; and
photovoltaic devices. (I) by striking subparagraph (A); and (II) a system lifetime of at least 20 years
(B) DISSEMINATION OF RESULTS.—The Sec- (II) by redesignating subparagraphs (B) and under regular operation; and
retary shall make available to the public and (C) as subparagraphs (A) and (B), respec- (vi) for seasonal durations, which have—
the relevant committees of Congress the re- tively; and (I) the capability to address seasonal vari-
sults of the projects carried out through (iii) in paragraph (2)— ations in supply and demand; and
grants awarded under subparagraph (A), in- (I) by striking subparagraph (A); and (II) a system lifetime of at least 20 years
cluding any educational and outreach mate- (II) by redesignating subparagraphs (B) and under regular operation;
rials. (C) as subparagraphs (A) and (B), respec- (B) distributed energy storage technologies
(5) SOLAR ENERGY TECHNOLOGY MATERIALS tively. and applications, including building-grid in-
PHYSICAL PROPERTY DATABASE.— (5) Section 931 of the Energy Policy Act of tegration;
(A) IN GENERAL.—Not later than September 2005 (42 U.S.C. 16231) is amended— (C) transportation energy storage tech-
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1, 2022, the Secretary shall establish a com- (A) in subsection (a)(2)— nologies and applications, including vehicle-
prehensive physical property database of ma- (i) by striking subparagraph (A); and grid integration;
terials for use in solar energy technologies, (ii) by redesignating subparagraphs (B) (D) cost-effective systems and methods
which shall identify the type, quantity, through (D) (as redesignated by section for—
country of origin, source, significant uses, 1204(c)(2)(B)) as subparagraphs (A) through (i) the reclamation, recycling, and disposal
and physical properties of materials used in (C), respectively; of energy storage materials, including lith-
solar energy technologies. (B) by striking subsection (d); and ium, cobalt, nickel, and graphite; and
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S1372 CONGRESSIONAL RECORD — SENATE March 3, 2020
(ii) the reuse and repurposing of energy (iv) include expected timelines for— (iii) a tribal organization (as defined in
storage system technologies; (I) the accomplishment of relevant objec- section 3765 of title 38, United States Code);
(E) advanced control methods for energy tives under current programs of the Depart- (iv) an institution of higher education (as
storage systems; ment relating to energy storage systems; defined in section 101 of the Higher Edu-
(F) pumped hydroelectric energy storage and cation Act of 1965 (20 U.S.C. 1001));
systems to advance— (II) the commencement of any new initia- (v) an electric utility, including—
(i) adoption of innovative technologies, in- tives within the Department relating to en- (I) an electric cooperative;
cluding— ergy storage systems to accomplish those ob- (II) a political subdivision of a State, such
(I) adjustable-speed, ternary, and other jectives; and as a municipally owned electric utility, or
new pumping and generating equipment de- (v) incorporate relevant activities de- any agency, authority, corporation, or in-
signs; scribed in the Grid Modernization Initiative strumentality of a State political subdivi-
(II) modular systems; Multi-Year Program Plan. sion; and
(III) closed-loop systems, including mines (C) SUBMISSION TO CONGRESS.—Not later (III) an investor-owned utility; and
and quarries; and than 180 days after the date of enactment of (vi) a private energy storage company.
(IV) other critical equipment and mate- this Act, the Secretary shall submit to the (B) ESTABLISHMENT.—The Secretary shall
rials for pumped hydroelectric energy stor- Committee on Energy and Natural Resources establish a competitive grant program under
age, as determined by the Secretary; and of the Senate and the Committees on Energy which the Secretary shall award grants to el-
(ii) reductions of equipment costs, civil and Commerce and Science, Space, and Tech- igible entities to carry out demonstration
works costs, and construction times for nology of the House of Representatives the projects for pilot energy storage systems.
pumped hydroelectric energy storage strategic plan developed under subparagraph (C) SELECTION REQUIREMENTS.—In selecting
projects, with the goal of reducing those (A). eligible entities to receive a grant under sub-
costs by 50 percent; (D) UPDATES TO PLAN.—The Secretary— paragraph (B), the Secretary shall, to the
(G) models and tools to demonstrate the (i) shall annually review the strategic plan maximum extent practicable—
benefits of energy storage to— developed under subparagraph (A); and (i) ensure regional diversity among eligible
(i) power and water supply systems; (ii) may periodically revise the strategic entities awarded grants, including ensuring
(ii) electric generation portfolio optimiza- plan as appropriate.
tion; and participation of eligible entities that are
(6) LEVERAGING OF RESOURCES.—The pro- rural States and States with high energy
(iii) expanded deployment of other renew- gram may be led by a specific office of the
able energy technologies, including in hybrid costs;
Department, but shall be cross-cutting in na- (ii) ensure that grants are awarded for
energy storage systems; and ture, so that in carrying out activities under
(H) energy storage use cases from indi- demonstration projects that—
the program, the Secretary (or a designee of (I) expand on the existing technology dem-
vidual and combination technology applica- the Secretary charged with leading the pro-
tions, including value from various-use cases onstration programs of the Department;
gram) shall leverage existing Federal re- (II) are designed to achieve 1 or more of the
and energy storage services. sources, including, at a minimum, the exper-
(3) TESTING AND VALIDATION.—In coordina- objectives described in subparagraph (D); and
tise and resources of— (III) inject or withdraw energy from the
tion with 1 or more National Laboratories,
(A) the Office of Electricity Delivery and bulk power system, electric distribution sys-
the Secretary shall accelerate the develop-
Energy Reliability; tem, building energy system, or microgrid
ment, standardized testing, and validation of
(B) the Office of Energy Efficiency and Re- (grid-connected or islanded mode) where the
energy storage systems under the program
newable Energy, including the Water Power project is located; and
by developing testing and evaluation meth-
Technologies Office; and (iii) give consideration to proposals from
odologies for—
(C) the Office of Science, including— eligible entities for securing energy storage
(A) storage technologies, controls, and
(i) the Basic Energy Sciences Program; through competitive procurement or con-
power electronics for energy storage systems
(ii) the Advanced Scientific Computing Re- tract for service.
under a variety of operating conditions;
search Program; (D) OBJECTIVES.—Each demonstration
(B) standardized and grid performance test-
ing for energy storage systems, materials, (iii) the Biological and Environmental Re- project carried out by a grant awarded under
and technologies during each stage of devel- search Program; and subparagraph (B) shall have 1 or more of the
opment, beginning with the research stage (D) the Electricity Storage Research Ini- following objectives:
and ending with the deployment stage; tiative established under section 975 of the (i) To improve the security of critical in-
(C) reliability, safety, and durability test- Energy Policy Act of 2005 (42 U.S.C. 16315). frastructure and emergency response sys-
ing under standard and evolving duty cycles; (7) PROTECTING PRIVACY AND SECURITY.—In tems.
and carrying out this subsection, the Secretary (ii) To improve the reliability of trans-
(D) accelerated life testing protocols to shall identify, incorporate, and follow best mission and distribution systems, particu-
predict estimated lifetime metrics with ac- practices for protecting the privacy of indi- larly in rural areas, including high-energy-
curacy. viduals and businesses and the respective cost rural areas.
(4) PERIODIC EVALUATION OF PROGRAM OB- sensitive data of the individuals and busi- (iii) To optimize transmission or distribu-
JECTIVES.—Not less frequently than once nesses, including by managing privacy risk tion system operation and power quality to
every calendar year, the Secretary shall and implementing the Fair Information defer or avoid costs of replacing or upgrading
evaluate and, if necessary, update the pro- Practice Principles of the Federal Trade electric grid infrastructure, including trans-
gram objectives to ensure that the program Commission for the collection, use, disclo- formers and substations.
continues to advance energy storage systems sure, and retention of individual electric (iv) To supply energy at peak periods of de-
toward widespread commercial deployment consumer information in accordance with mand on the electric grid or during periods
by lowering the costs and increasing the du- the Office of Management and Budget Cir- of significant variation of electric grid sup-
ration of energy storage resources. cular A–130 (or successor circulars). ply.
(5) ENERGY STORAGE STRATEGIC PLAN.— (c) ENERGY STORAGE DEMONSTRATION (v) To reduce peak loads of homes and busi-
(A) IN GENERAL.—The Secretary shall de- PROJECTS; PILOT GRANT PROGRAM.— nesses.
velop a 10-year strategic plan for the pro- (1) DEMONSTRATION PROJECTS.—Not later (vi) To improve and advance power conver-
gram, and update the plan, in accordance than September 30, 2023, the Secretary shall, sion systems.
with this paragraph. to the maximum extent practicable, enter (vii) To provide ancillary services for grid
(B) CONTENTS.—The strategic plan devel- into agreements to carry out not fewer than stability and management.
oped under subparagraph (A) shall— 5 energy storage system demonstration (viii) To integrate renewable energy re-
(i) be coordinated with and integrated projects, including at least 1 energy storage source production.
across other relevant offices in the Depart- system demonstration project designed to (ix) To increase the feasibility of
ment; further the development of technologies de- microgrids (grid-connected or islanded
(ii) to the extent practicable, include scribed in clause (v) or (vi) of subsection mode).
metrics that can be used to evaluate storage (b)(2)(A). (x) To enable the use of stored energy in
technologies; (2) ENERGY STORAGE PILOT GRANT PRO- forms other than electricity to support the
(iii) identify Department programs that— GRAM.— natural gas system and other industrial
(I) support the research and development (A) DEFINITION OF ELIGIBLE ENTITY.—In this processes.
activities described in paragraph (2) and the paragraph, the term ‘‘eligible entity’’ (xi) To integrate fast charging of electric
demonstration projects under subsection (c); means— vehicles.
dlhill on DSKBBY8HB2PROD with SENATE
and (i) a State energy office (as defined in sec- (xii) To improve energy efficiency.
(II)(aa) do not support the activities or tion 124(a) of the Energy Policy Act of 2005 (3) REPORTS.—Not less frequently than
projects described in subclause (I); but (42 U.S.C. 15821(a))); once every 2 years for the duration of the
(bb) are important to the development of (ii) an Indian tribe (as defined in section 4 programs under paragraphs (1) and (2), the
energy storage systems and the mission of of the Native American Housing Assistance Secretary shall submit to Congress and
the Department, as determined by the Sec- and Self-Determination Act of 1996 (25 U.S.C. make publicly available a report describing
retary; 4103); the performance of those programs.
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March 3, 2020 CONGRESSIONAL RECORD — SENATE S1373
(4) NO PROJECT OWNERSHIP INTEREST.—The (aa) larger, higher-cost projects; and tive body, or an employee of a State or local
Federal Government shall not hold any eq- (bb) smaller, lower-cost projects. legislative body.
uity or other ownership interest in any en- (ii) PRIORITY.—In carrying out the Joint (4) INFORMATION DISSEMINATION.—The infor-
ergy storage system that is part of a project Program, the Secretary and the Director of mation disseminated under paragraph
under this subsection unless the holding is ESTCP shall give priority to demonstration (2)(B)(i) shall include—
agreed to by each participant of the project. projects that— (A) information relating to the topics de-
(d) LONG-DURATION DEMONSTRATION INITIA- (I) make available to the public project in- scribed in paragraph (3)(A), including case
TIVE AND JOINT PROGRAM.— formation that will accelerate deployment of studies of successful examples;
(1) DEFINITIONS.—In this subsection: long-duration energy storage technologies; (B) computational tools or software for as-
(A) DIRECTOR OF ARPA–E.—The term ‘‘Di- and sessment, design, and operation and mainte-
rector of ARPA–E’’ has the meaning given (II) will be carried out in the field. nance of energy storage systems;
the term in section 5012(a) of the America (C) public databases that track existing
(e) TECHNICAL AND PLANNING ASSISTANCE
COMPETES Act (42 U.S.C. 16538(a)). and planned energy storage systems;
PROGRAM.—
(B) DIRECTOR OF ESTCP.—The term ‘‘Direc- (D) best practices for the utility and grid
(1) DEFINITIONS.—In this subsection:
tor of ESTCP’’ means the Secretary of De- operator business processes associated with
(A) ELIGIBLE ENTITY.—The term ‘‘eligible
fense, acting through the Director of the En- the topics described in paragraph (3)(A); and
entity’’ means—
vironmental Security Technology Certifi- (E) relevant State policies or regulations
(i) an electric cooperative;
cation Program of the Department of De- associated with the topics described in para-
fense. (ii) a political subdivision of a State, such
as a municipally owned electric utility, or graph (3)(A).
(C) INITIATIVE.—The term ‘‘Initiative’’ (5) APPLICATIONS.—
means the demonstration initiative estab- any agency, authority, corporation, or in-
strumentality of a State political subdivi- (A) IN GENERAL.—The Secretary shall seek
lished under paragraph (2). applications for the program—
(D) JOINT PROGRAM.—The term ‘‘Joint Pro- sion;
(iii) a not-for-profit entity that is in a (i) on a competitive, merit-reviewed basis;
gram’’ means the joint program established and
under paragraph (4). partnership with not less than 6 entities de-
scribed in clause (i) or (ii); and (ii) on a periodic basis, but not less fre-
(E) SECRETARY.—The term ‘‘Secretary’’ quently than once every 12 months.
means the Secretary, acting through the Di- (iv) an investor-owned utility.
(B) PROGRAM.—The term ‘‘program’’ means (B) APPLICATION.—An eligible entity desir-
rector of ARPA–E. ing to apply for the program shall submit to
(2) ESTABLISHMENT OF INITIATIVE.—Not the technical and planning assistance pro-
gram established under paragraph (2)(A). the Secretary an application at such time, in
later than 180 days after the date of enact-
(2) ESTABLISHMENT.— such manner, and containing such informa-
ment of this Act, the Secretary shall estab-
(A) IN GENERAL.—The Secretary shall es- tion as the Secretary may require, including
lish a demonstration initiative composed of
tablish a technical and planning assistance whether the eligible entity is applying for—
demonstration projects focused on the devel-
program to assist eligible entities in identi- (i) direct technical or planning assistance
opment of long-duration energy storage
fying, evaluating, planning, designing, and under paragraph (2)(B)(i); or
technologies.
developing processes to procure energy stor- (ii) a grant under paragraph (2)(B)(ii).
(3) SELECTION OF PROJECTS.—To the max-
age systems. (C) PRIORITIES.—In selecting eligible enti-
imum extent practicable, in selecting dem-
(B) ASSISTANCE AND GRANTS.—Under the ties for technical and planning assistance
onstration projects to participate in the Ini-
tiative, the Secretary shall— program, the Secretary shall— under the program, the Secretary shall give
(A) ensure a range of technology types; (i) provide technical and planning assist- priority to eligible entities described in
(B) ensure regional diversity among ance, including disseminating information, clauses (i) and (ii) of paragraph (1)(A).
projects; and directly to eligible entities; and (6) REPORTS.—The Secretary shall submit
(C) consider bulk power level, distribution (ii) award grants to eligible entities to con- to Congress and make available to the pub-
power level, behind-the-meter, microgrid tract to obtain technical and planning as- lic—
(grid-connected or islanded mode), and off- sistance from outside experts. (A) not less frequently than once every 2
grid applications. (C) FOCUS.—In carrying out the program, years, a report describing the performance of
(4) JOINT PROGRAM.— the Secretary shall focus on energy storage the program, including a synthesis and anal-
(A) ESTABLISHMENT.—As part of the Initia- system projects that have the greatest po- ysis of any information the Secretary re-
tive, the Secretary, in consultation with the tential for— quires grant recipients to provide to the Sec-
Director of ESTCP, shall establish within (i) strengthening the reliability and resil- retary as a condition of receiving a grant;
the Department a joint program to carry out iency of energy infrastructure; and
projects— (ii) reducing the cost of energy storage sys- (B) on termination of the program, an as-
(i) to demonstrate promising long-duration tems; sessment of the success of, and education
energy storage technologies at different (iii) improving the feasibility of microgrids provided by, the measures carried out by eli-
scales; and (grid-connected or islanded mode), particu- gible entities under the program.
(ii) to help new, innovative long-duration larly in rural areas, including high energy (7) COST-SHARING.—Activities under this
energy storage technologies become com- cost rural areas; subsection shall be subject to the cost-shar-
mercially viable. (iv) reducing consumer electricity costs; or ing requirements under section 988 of the En-
(B) MEMORANDUM OF UNDERSTANDING.—Not (v) maximizing local job creation. ergy Policy Act of 2005 (42 U.S.C. 16352).
later than 200 days after the date of enact- (3) TECHNICAL AND PLANNING ASSISTANCE.— (f) ENERGY STORAGE MATERIALS RECYCLING
ment of this Act, the Secretary shall enter (A) IN GENERAL.—Technical and planning PRIZE COMPETITION.—Section 1008 of the En-
into a memorandum of understanding with assistance provided under the program shall ergy Policy Act of 2005 (42 U.S.C. 16396) is
the Director of ESTCP to administer the include assistance with 1 or more of the fol- amended by adding at the end the following:
Joint Program. lowing activities relating to energy storage ‘‘(g) ENERGY STORAGE MATERIALS RECY-
(C) INFRASTRUCTURE.—In carrying out the systems: CLING PRIZE COMPETITION.—
Joint Program, the Secretary and the Direc- (i) Identification of opportunities to use ‘‘(1) DEFINITION OF CRITICAL ENERGY STOR-
tor of ESTCP shall— energy storage systems. AGE MATERIALS.—In this subsection, the term
(i) use existing test-bed infrastructure at— (ii) Feasibility studies to assess the poten- ‘critical energy storage materials’ includes—
(I) Department facilities; and tial for development of new energy storage ‘‘(A) lithium;
(II) Department of Defense installations; systems or improvement of existing energy ‘‘(B) cobalt;
and storage systems. ‘‘(C) nickel;
(ii) develop new infrastructure for identi- (iii) Assessment of technical and economic ‘‘(D) graphite; and
fied projects, if appropriate. characteristics, including a cost-benefit ‘‘(E) any other material determined by the
(D) GOALS AND METRICS.—The Secretary analysis. Secretary to be critical to the continued
and the Director of ESTCP shall develop (iv) Utility interconnection. growing supply of energy storage resources.
goals and metrics for technological progress (v) Permitting and siting issues. ‘‘(2) PRIZE AUTHORITY.—
under the Joint Program consistent with en- (vi) Business planning and financial anal- ‘‘(A) IN GENERAL.—As part of the program
ergy resilience and energy security policies. ysis. established under subsection (a), the Sec-
(E) SELECTION OF PROJECTS.— (vii) Engineering design. retary shall establish an award program, to
(i) IN GENERAL.—To the maximum extent (viii) Resource adequacy planning. be known as the ‘Energy Storage Materials
practicable, in selecting projects to partici- (ix) Resilience planning and valuation. Recycling Prize Competition’ (referred to in
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pate in the Joint Program, the Secretary (B) EXCLUSION.—Technical and planning this subsection as the ‘program’), under
and the Director of ESTCP shall— assistance provided under the program shall which the Secretary shall carry out prize
(I) ensure that projects are carried out not be used to pay any person for influencing competitions and make awards to advance
under conditions that represent a variety of or attempting to influence an officer or em- the recycling of critical energy storage ma-
environments with different physical condi- ployee of any Federal, State, or local agency, terials.
tions and market constraints; and a Member of Congress, an employee of a ‘‘(B) FREQUENCY.—To the maximum extent
(II) ensure an appropriate balance of— Member of Congress, a State or local legisla- practicable, the Secretary shall carry out a
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S1374 CONGRESSIONAL RECORD — SENATE March 3, 2020
competition under the program not less fre- in the prize competition for which the indi- (iii) examine additional products, market
quently than once every calendar year. vidual will serve as a judge; or designs, or rules that would enable and com-
‘‘(3) ELIGIBILITY.— ‘‘(ii) has a familial or financial relation- pensate for the use of electric storage re-
‘‘(A) IN GENERAL.—To be eligible to win a ship with a registered participant in the sources for improving the operation of elec-
prize under the program, an individual or en- prize competition for which the individual tric systems; and
tity— will serve as a judge. (iv) examine the functional value of elec-
‘‘(i) shall have complied with the require- ‘‘(8) REPORT TO CONGRESS.—Not later than tric storage resources at the transmission
ments of the competition as described in the 60 days after the date on which the first prize and distribution system interface for pur-
announcement for that competition pub- is awarded under the program, and annually poses of providing electric system reli-
lished in the Federal Register by the Sec- thereafter, the Secretary shall submit to ability.
retary under paragraph (6); Congress a report that— (h) COORDINATION.—To the maximum ex-
‘‘(ii) in the case of a private entity, shall ‘‘(A) identifies each award recipient; tent practicable, the Secretary shall coordi-
be incorporated in the United States and ‘‘(B) describes the advanced methods or nate the activities under this section (in-
maintain a primary place of business in the technologies developed by each award recipi- cluding activities conducted pursuant to the
United States; ent; and amendments made by this section) among
‘‘(iii) in the case of an individual, whether ‘‘(C) specifies actions being taken by the the offices and employees of the Department,
participating singly or in a group, shall be a Department toward commercial application other Federal agencies, and other relevant
citizen of, or an alien lawfully admitted for of all methods or technologies with respect entities—
to which a prize has been awarded under the (1) to ensure appropriate collaboration; and
permanent residence in, the United States.
program. (2) to avoid unnecessary duplication of
‘‘(B) EXCLUSIONS.—The following entities
‘‘(9) ANTI-DEFICIENCY ACT.—The Secretary those activities.
and individuals shall not be eligible to win a
shall carry out the program in accordance (i) AUTHORIZATION OF APPROPRIATIONS.—
prize under the program:
with section 1341 of title 31, United States There are authorized to be appropriated—
‘‘(i) A Federal entity.
Code (commonly referred to as the ‘Anti-De- (1) to carry out subsection (b), $100,000,000
‘‘(ii) A Federal employee (including an em-
ficiency Act’). for each of fiscal years 2021 through 2025, to
ployee of a National Laboratory) acting ‘‘(10) AUTHORIZATION OF APPROPRIATIONS.—
within the scope of employment. remain available until expended;
There is authorized to be appropriated to (2) to carry out subsection (c), $100,000,000
‘‘(4) AWARDS.—In carrying out the pro- carry out this subsection $10,000,000 for each
gram, the Secretary shall award cash prizes, for each of fiscal years 2021 through 2025, to
of fiscal years 2020 through 2024, to remain
in amounts to be determined by the Sec- remain available until expended;
available until expended.’’.
retary, to each individual or entity selected (g) REGULATORY ACTIONS TO ENCOURAGE (3) to carry out subsection (d), $50,000,000
through a competitive process to develop ad- ENERGY STORAGE DEPLOYMENT.— for each of fiscal years 2021 through 2025, to
vanced methods or technologies to recycle (1) DEFINITIONS.—In this subsection: remain available until expended; and
critical energy storage materials from en- (A) COMMISSION.—The term ‘‘Commission’’ (4) to carry out subsection (e), $20,000,000
ergy storage systems. means the Federal Energy Regulatory Com- for each of fiscal years 2021 through 2025, to
‘‘(5) CRITERIA.— mission. remain available until expended.
‘‘(A) IN GENERAL.—The Secretary shall es- (B) ELECTRIC STORAGE RESOURCE.—The SEC. 1302. BUREAU OF RECLAMATION PUMPED
tablish objective, merit-based criteria for term ‘‘electric storage resource’’ means a re- STORAGE HYDROPOWER DEVELOP-
awarding the prizes in each competition car- MENT.
source capable of receiving electric energy
ried out under the program. from the grid and storing that electric en- (a) AUTHORITY FOR PUMPED STORAGE HY-
‘‘(B) REQUIREMENTS.—The criteria estab- ergy for later injection back into the grid. DROPOWER DEVELOPMENT USING MULTIPLE
lished under subparagraph (A) shall (2) REGULATORY ACTION.— BUREAU OF RECLAMATION RESERVOIRS.—Sec-
prioritize advancements in methods or tech- (A) IN GENERAL.—Not later than 1 year tion 9(c) of the Reclamation Project Act of
nologies that present the greatest potential after the date of enactment of this Act, the 1939 (43 U.S.C. 485h(c)) is amended—
for large-scale commercial deployment. Commission shall issue a regulation to iden- (1) in paragraph (1), in the fourth sentence,
‘‘(C) CONSULTATION.—In establishing cri- tify the eligibility of, and process for, elec- by striking ‘‘, including small conduit hydro-
teria under subparagraph (A), the Secretary tric storage resources— power development’’ and inserting ‘‘and re-
shall consult with appropriate members of (i) to receive cost recovery through Com- serve to the Secretary the exclusive author-
private industry involved in the commercial mission-regulated rates for the transmission ity to develop small conduit hydropower
deployment of energy storage systems. of electric energy in interstate commerce; using Bureau of Reclamation facilities and
‘‘(6) ADVERTISING AND SOLICITATION OF COM- and pumped storage hydropower exclusively
PETITORS.— (ii) that receive cost recovery under clause using Bureau of Reclamation reservoirs’’;
‘‘(A) IN GENERAL.—The Secretary shall an- (i) to receive compensation for other services and
nounce each prize competition under the pro- (such as the sale of energy, capacity, or an- (2) in paragraph (8), by striking ‘‘has been
gram by publishing a notice in the Federal cillary services) without regard to whether filed with the Federal Energy Regulatory
Register. those services are provided concurrently Commission as of the date of the enactment
‘‘(B) REQUIREMENTS.—Each notice pub- with the transmission service described in of the Bureau of Reclamation Small Conduit
lished under subparagraph (A) shall describe clause (i). Hydropower Development and Rural Jobs
the essential elements of the competition, (B) PROHIBITION OF DUPLICATE RECOVERY.— Act’’ and inserting ‘‘was filed with the Fed-
such as— Any regulation issued under subparagraph eral Energy Regulatory Commission before
‘‘(i) the subject of the competition; (A) shall preclude the receipt of unjust and August 9, 2013, and is still pending’’.
‘‘(ii) the duration of the competition; unreasonable double recovery for electric (b) LIMITATIONS ON ISSUANCE OF CERTAIN
‘‘(iii) the eligibility requirements for par- storage resources providing services de- LEASES OF POWER PRIVILEGE.—
ticipation in the competition; scribed in clauses (i) and (ii) of that subpara- (1) DEFINITIONS.—In this subsection:
‘‘(iv) the process for participants to reg- graph. (A) COMMISSION.—The term ‘‘Commission’’
ister for the competition; (3) ELECTRIC STORAGE RESOURCES TECHNICAL means the Federal Energy Regulatory Com-
‘‘(v) the amount of the prize; and CONFERENCE.— mission.
‘‘(vi) the criteria for awarding the prize. (A) IN GENERAL.—Not later than 180 days (B) DIRECTOR.—The term ‘‘Director’’ means
‘‘(7) JUDGES.— after the date of enactment of this Act, the the Director of the Office of Hearings and
‘‘(A) IN GENERAL.—For each prize competi- Commission shall convene a technical con- Appeals.
tion under the program, the Secretary shall ference on the potential for electric storage (C) OFFICE OF HEARINGS AND APPEALS.—The
assemble a panel of qualified judges to select resources to improve the operation of elec- term ‘‘Office of Hearings and Appeals’’
the winner or winners of the competition on tric systems. means the Office of Hearings and Appeals of
the basis of the criteria established under (B) REQUIREMENTS.—The technical con- the Department of the Interior.
paragraph (5). ference under subparagraph (A) shall— (D) PARTY.—The term ‘‘party’’, with re-
‘‘(B) SELECTION.—The judges for each com- (i) identify opportunities for further con- spect to a study plan agreement, means each
petition shall include appropriate members sideration of electric storage resources in re- of the following parties to the study plan
of private industry involved in the commer- gional and interregional transmission plan- agreement:
cial deployment of energy storage systems. ning processes within the jurisdiction of the (i) The proposed lessee.
‘‘(C) CONFLICTS.—An individual may not Commission; (ii) The Tribes.
serve as a judge in a prize competition under (ii) identify all energy, capacity, and ancil- (E) PROJECT.—The term ‘‘project’’ means a
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the program if the individual, the spouse of lary service products, market designs, or proposed pumped storage facility that—
the individual, any child of the individual, or rules that— (i) would use multiple Bureau of Reclama-
any other member of the household of the in- (I) are within the jurisdiction of the Com- tion reservoirs; and
dividual— mission; and (ii) as of June 1, 2017, was subject to a pre-
‘‘(i) has a personal or financial interest in, (II) enable and compensate for the use of liminary permit issued by the Commission
or is an employee, officer, director, or agent electric storage resources that improve the pursuant to section 4(f) of the Federal Power
of, any entity that is a registered participant operation of electric systems; Act (16 U.S.C. 797(f)).
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March 3, 2020 CONGRESSIONAL RECORD — SENATE S1375
(F) PROPOSED LESSEE.—The term ‘‘proposed (A)(ii) is not reasonably calculated to assist and habitat, affected by the development,
lessee’’ means the proposed lessee of a the Secretary in evaluating the potential operation, and management of the project.
project. impacts of the project. (ii) RECOMMENDATIONS OF THE TRIBES.—The
(G) SECRETARY.—The term ‘‘Secretary’’ (iii) TIMING.—The Director shall issue a de- conditions required under clause (i) shall be
means the Secretary of the Interior. termination regarding a dispute under clause based on joint recommendations of the
(H) STUDY PLAN.—The term ‘‘study plan’’ (i) not later than 120 days after the date on Tribes.
means the plan described in paragraph (4)(A). which the Director receives notice of the dis- (iii) RESOLVING INCONSISTENCIES.—
(I) STUDY PLAN AGREEMENT.—The term pute under that clause. (I) IN GENERAL.—If the Secretary deter-
‘‘study plan agreement’’ means an agree- (4) STUDY PLAN.— mines that any recommendation of the
ment entered into under paragraph (2)(A) (A) IN GENERAL.—The proposed lessee shall Tribes under clause (ii) is not reasonably cal-
and described in paragraph (3). submit to the Secretary for approval a study culated to ensure the project is consistent
(J) TRIBES.—The term ‘‘Tribes’’ means— plan that details the proposed methodology with clause (i) or is inconsistent with the re-
(i) the Confederated Tribes of the Colville for performing each of the studies— quirements of the Reclamation Project Act
Reservation; and (i) identified in the study plan agreement of 1939 (43 U.S.C. 485 et seq.), the Secretary
(ii) the Spokane Tribe of Indians of the of the proposed lessee; or shall attempt to resolve any such inconsist-
Spokane Reservation. (ii) determined by the Director in a final ency with the Tribes, giving due weight to
(2) REQUIREMENT FOR ISSUANCE OF LEASES determination regarding a dispute under the recommendations and expertise of the
OF POWER PRIVILEGE.—The Secretary shall paragraph (3)(B). Tribes.
not issue a lease of power privilege pursuant (B) INITIAL DETERMINATION.—Not later than
(II) PUBLICATION OF FINDINGS.—If, after an
to section 9(c)(1) of the Reclamation Project 60 days after the date on which the Secretary
attempt to resolve an inconsistency under
Act of 1939 (43 U.S.C. 485h(c)(1)) (as amended receives the study plan under subparagraph
subclause (I), the Secretary does not adopt in
by subsection (a)) for a project unless— (A), the Secretary shall make an initial de-
whole or in part a recommendation of the
(A) the proposed lessee and the Tribes have termination that—
Tribes under clause (ii), the Secretary shall
entered into a study plan agreement; or (i) approves the study plan;
issue each of the following findings, includ-
(B) the Secretary or the Director, as appli- (ii) rejects the study plan on the grounds
cable, makes a final determination for— that the study plan— ing a statement of the basis for each of the
(i) a study plan agreement under paragraph (I) lacks sufficient detail on a proposed findings:
(3)(B); or methodology for a study identified in the (aa) A finding that adoption of the rec-
(ii) a study plan under paragraph (4). study plan agreement; or ommendation is inconsistent with the re-
(3) STUDY PLAN AGREEMENT REQUIRE- (II) is inconsistent with the study plan quirements of the Reclamation Project Act
MENTS.— agreement; or of 1939 (43 U.S.C. 485 et seq.).
(A) IN GENERAL.—A study plan agreement (iii) imposes additional study plan require- (bb) A finding that the conditions selected
shall— ments that the Secretary determines are by the Secretary to be contained in the lease
(i) establish the deadlines for the proposed necessary to adequately define the potential of power privilege under clause (i) comply
lessee to formally respond in writing to com- effects of the project on— with the requirements of subclauses (I) and
ments and study requests about the project (I) the exercise of the paramount hunting, (II) of that clause.
previously submitted to the Commission; fishing, and boating rights of the Tribes re- (B) ANNUAL CHARGES PAYABLE BY LI-
(ii) allow for the parties to submit addi- served pursuant to the Act of June 29, 1940 CENSEE.—
tional comments and study requests if any (54 Stat. 703, chapter 460; 16 U.S.C. 835d et (i) IN GENERAL.—Subject to clause (ii), any
aspect of the project, as proposed, differs seq.); lease of power privilege issued by the Sec-
from an aspect of the project, as described in (II) the annual payments described in sub- retary for a project under paragraph (2) shall
a preapplication document provided to the clauses (I) and (II) of paragraph (3)(A)(iv); contain conditions that require the lessee of
Commission; (III) the Columbia Basin project (as defined the project to make direct payments to the
(iii) except as expressly agreed to by the in section 1 of the Act of May 27, 1937 (50 Tribes through reasonable annual charges in
parties or as provided in subparagraph (B) or Stat. 208, chapter 269; 57 Stat. 14, chapter 14; an amount that recompenses the Tribes for
paragraph (4), require that the proposed les- 16 U.S.C. 835)); any adverse economic effect of the project
see conduct each study described in— (IV) historic properties and cultural or identified in a study performed pursuant to
(I) a study request about the project pre- spiritually significant resources; and the study plan agreement for the project.
viously submitted to the Commission; or (V) the environment. (ii) AGREEMENT.—
(II) any additional study request submitted (C) OBJECTIONS.— (I) IN GENERAL.—The amount of the annual
in accordance with the study plan agree- (i) IN GENERAL.—Not later than 30 days charges described in clause (i) shall be estab-
ment; after the date on which the Secretary makes lished through agreement between the pro-
(iv) require that the proposed lessee study an initial determination under subparagraph posed lessee and the Tribes.
any potential adverse economic effects of the (B), the Tribes or the proposed lessee may (II) CONDITION.—The agreement under sub-
project on the Tribes, including effects on— submit to the Director an objection to the clause (I), including any modification of the
(I) annual payments to the Confederated initial determination. agreement, shall be deemed to be a condition
Tribes of the Colville Reservation under sec- (ii) FINAL DETERMINATION.—Not later than to the lease of power privilege issued by the
tion 5(b) of the Confederated Tribes of the 120 days after the date on which the Director Secretary for a project under paragraph (2).
Colville Reservation Grand Coulee Dam Set- receives an objection under clause (i), the Di- (iii) DISPUTE RESOLUTION.—
tlement Act (Public Law 103–436; 108 Stat. rector shall— (I) IN GENERAL.—If the proposed lessee and
4579); and (I) hold a hearing on the record regarding the Tribes cannot agree to the terms of an
(II) annual payments to the Spokane Tribe the objection; and agreement under clause (ii)(I), the proposed
of Indians of the Spokane Reservation au- (II) make a final determination that estab- lessee and the Tribes shall submit notice of
thorized after the date of enactment of this lishes the study plan, including a description the dispute to the Director.
Act, the amount of which derives from the of studies the proposed lessee is required to (II) RESOLUTION.—The Director shall re-
annual payments described in subclause (I); perform. solve the dispute described in subclause (I)
(v) establish a protocol for communication (D) NO OBJECTIONS.—If no objections are not later than 180 days after the date on
and consultation between the parties; submitted by the deadline described in sub- which the Director receives notice of the dis-
(vi) provide mechanisms for resolving dis- paragraph (C)(i), the initial determination of pute under that subclause.
putes between the parties regarding imple- the Secretary under subparagraph (B) shall (C) ADDITIONAL CONDITIONS.—The Secretary
mentation and enforcement of the study plan be final. may include in any lease of power privilege
agreement; and (5) CONDITIONS OF LEASE.— issued by the Secretary for a project under
(vii) contain other provisions determined (A) CONSISTENCY WITH RIGHTS OF TRIBES; paragraph (2) other conditions determined
to be appropriate by the parties. PROTECTION, MITIGATION, AND ENHANCEMENT appropriate by the Secretary, on the condi-
(B) DISPUTES.— OF FISH AND WILDLIFE.— tion that the conditions shall be consistent
(i) IN GENERAL.—If the parties cannot agree (i) IN GENERAL.—Any lease of power privi- with the Reclamation Project Act of 1939 (43
to the terms of a study plan agreement or lege issued by the Secretary for a project U.S.C. 485 et seq.).
implementation of those terms, the parties under paragraph (2) shall contain condi- (D) CONSULTATION.—In establishing condi-
shall submit to the Director, for final deter- tions— tions under this paragraph, the Secretary
mination on the terms or implementation of (I) to ensure that the project is consistent shall consult with the Tribes.
the study plan agreement, notice of the dis- with, and will not interfere with, the exer- (6) DEADLINES.—The Secretary or any offi-
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pute, consistent with subparagraph (A)(vi), cise of the paramount hunting, fishing, and cer of the Office of Hearing and Appeals be-
to the extent the parties have agreed to a boating rights of the Tribes reserved pursu- fore whom a proceeding is pending under this
study plan agreement. ant to the Act of June 29, 1940 (54 Stat. 703, subsection may extend any deadline or en-
(ii) INCLUSION.—A dispute covered by chapter 460; 16 U.S.C. 835d et seq.); and large any timeframe described in this sub-
clause (i) may include the view of a proposed (II) to adequately and equitably protect, section—
lessee that an additional study request sub- mitigate damages to, and enhance fish and (A) at the discretion of the Secretary or
mitted in accordance with subparagraph wildlife, including related spawning grounds the officer; or
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S1376 CONGRESSIONAL RECORD — SENATE March 3, 2020
(B) on a showing of good cause by any ‘‘(B) INCLUSIONS.—The term ‘natural gas ity additions and load following generation,
party. electric generation facility’ includes a new in addition to large-scale generation tech-
(7) JUDICIAL REVIEW.—Any final action of or existing— nologies;
the Secretary or the Director made pursuant ‘‘(i) simple cycle plant; ‘‘(v) supporting dispatchable operations for
to this subsection shall be subject to judicial ‘‘(ii) combined cycle plant; new and existing applications of coal and
review in accordance with chapter 7 of title ‘‘(iii) combined heat and power plant; or natural gas generation; and
5, United States Code. ‘‘(iv) steam methane reformer that pro- ‘‘(vi) accelerating the development of tech-
(8) EFFECT ON OTHER PROJECTS.—Nothing in duces hydrogen from natural gas for use in
nologies that have transformational energy
this subsection establishes any precedent or the production of electric energy.
conversion characteristics.
is binding on any Bureau of Reclamation ‘‘(4) PROGRAM.—The term ‘program’ means
the program established under subsection ‘‘(B) Using carbon capture, utilization, and
lease of power privilege, other than for a
(b)(1). sequestration technologies to decrease the
project.
‘‘(5) TRANSFORMATIONAL TECHNOLOGY.— carbon dioxide emissions, and the environ-
Subtitle D—Carbon Capture, Utilization, and
‘‘(A) IN GENERAL.—The term ‘trans- mental impact from carbon dioxide emis-
Storage
formational technology’ means a power gen- sions, from new and existing coal and nat-
SEC. 1401. FOSSIL ENERGY. ural gas electric generation facilities, in-
eration technology that represents a signifi-
Section 961(a) of the Energy Policy Act of cluding by—
cant change in the methods used to convert
2005 (42 U.S.C. 16291(a)) is amended— ‘‘(i) accelerating the development, deploy-
energy that will enable a step change in per-
(1) in paragraph (6), by inserting ‘‘, includ- formance, efficiency, and cost of electricity ment, and commercialization of technologies
ing technology development to reduce emis- as compared to the technology in existence to capture and sequester carbon dioxide
sions of carbon dioxide and associated emis- on the date of enactment of the American emissions from new and existing coal and
sions of heavy metals within coal combus- Energy Innovation Act of 2020. natural gas electric generation facilities;
tion residues and gas streams resulting from ‘‘(B) INCLUSIONS.—The term ‘trans-
fossil fuel use and production’’ before the pe- ‘‘(ii) supporting sites for safe geological
formational technology’ includes a broad storage of large volumes of anthropogenic
riod at the end; and range of technology improvements, includ-
(2) by striking paragraph (7) and inserting sources of carbon dioxide and the develop-
ing— ment of the infrastructure needed to support
the following: ‘‘(i) thermodynamic improvements in en-
‘‘(7) Increasing the export of fossil energy- a carbon dioxide utilization and storage in-
ergy conversion and heat transfer, includ-
related equipment, technology, including dustry;
ing—
emissions control technologies, and services ‘‘(iii) improving the conversion, utiliza-
‘‘(I) advanced combustion systems, includ-
from the United States. ing oxygen combustion systems and chem- tion, and storage of carbon dioxide produced
‘‘(8) Developing carbon removal and utili- ical looping; and from fossil fuels and other anthropogenic
zation technologies, products, and methods ‘‘(II) the replacement of steam cycles with sources of carbon dioxide;
that result in net reductions in greenhouse supercritical carbon dioxide cycles; ‘‘(iv) lowering greenhouse gas emissions for
gas emissions, including direct air capture ‘‘(ii) improvements in steam or carbon di- all fossil fuel production, generation, deliv-
and storage, and carbon use and reuse for oxide turbine technology; ery, and use, to the maximum extent prac-
commercial application. ‘‘(iii) improvements in carbon capture, uti- ticable;
‘‘(9) Improving the conversion, use, and lization, and storage systems technology; ‘‘(v) developing carbon utilization tech-
storage of carbon dioxide produced from fos- ‘‘(iv) improvements in small-scale and nologies, products, and methods, including
sil fuels.’’. modular coal-fired technologies with reduced carbon use and reuse for commercial applica-
SEC. 1402. ESTABLISHMENT OF COAL AND NAT- carbon output or carbon capture that can tion;
URAL GAS TECHNOLOGY PROGRAM. support incremental power generation capac- ‘‘(vi) developing net-negative carbon diox-
(a) IN GENERAL.—The Energy Policy Act of ity additions; ide emissions technologies; and
2005 is amended by striking section 962 (42 ‘‘(v) fuel cell technologies for low-cost, ‘‘(vii) developing technologies for the cap-
U.S.C. 16292) and inserting the following: high-efficiency modular power systems; ture of carbon dioxide produced during the
‘‘SEC. 962.
COAL AND NATURAL GAS TECH- ‘‘(vi) advanced gasification systems; production of hydrogen from natural gas.
NOLOGY PROGRAM. ‘‘(vii) thermal cycling technologies; and ‘‘(C) Decreasing the non-carbon dioxide rel-
‘‘(a) DEFINITIONS.—In this section: ‘‘(viii) any other technology the Secretary
‘‘(1) LARGE-SCALE PILOT PROJECT.—The evant environmental impacts of coal and
recognizes as transformational technology.
term ‘large-scale pilot project’ means a pilot natural gas production, including by—
‘‘(b) COAL AND NATURAL GAS TECHNOLOGY
project that— PROGRAM.— ‘‘(i) further reducing non-carbon dioxide
‘‘(A) represents the scale of technology de- ‘‘(1) IN GENERAL.—The Secretary shall es- air emissions; and
velopment beyond laboratory development tablish a coal and natural gas technology ‘‘(ii) reducing the use, and managing the
and bench scale testing, but not yet ad- program to ensure the continued use of the discharge, of water in power plant oper-
vanced to the point of being tested under abundant domestic coal and natural gas re- ations.
real operational conditions at commercial sources of the United States through the de- ‘‘(D) Accelerating the development of tech-
scale; velopment of transformational technologies nologies to capture carbon dioxide emissions
‘‘(B) represents the scale of technology that will significantly improve the effi- from industrial facilities, including—
necessary to gain the operational data need- ciency, effectiveness, costs, and environ- ‘‘(i) nontraditional fuel manufacturing fa-
ed to understand the technical and perform- mental performance of coal and natural gas cilities, including ethanol or other biofuel
ance risks of the technology before the appli- use. production plants or hydrogen production
cation of that technology at commercial ‘‘(2) REQUIREMENTS.—The program shall in- plants; and
scale or in commercial-scale demonstration; clude— ‘‘(ii) energy-intensive manufacturing fa-
and ‘‘(A) a research and development program; cilities that produce carbon dioxide as a by-
‘‘(C) is large enough— ‘‘(B) large-scale pilot projects; product of operations.
‘‘(i) to validate scaling factors; and ‘‘(C) demonstration projects, in accordance ‘‘(E) Examining methods of converting
‘‘(ii) to demonstrate the interaction be- with paragraph (4); and coal and natural gas to other valuable prod-
tween major components so that control phi- ‘‘(D) a front-end engineering and design ucts and commodities in addition to elec-
losophies for a new process can be developed program. tricity, including hydrogen.
and enable the technology to advance from ‘‘(3) PROGRAM GOALS AND OBJECTIVES.—In ‘‘(F) Entering into cooperative agreements
large-scale pilot plant application to com- consultation with the interested entities de- to carry out and expedite demonstration
mercial-scale demonstration or application. scribed in paragraph (6)(C), the Secretary projects (including pilot projects) to dem-
‘‘(2) NATURAL GAS.—The term ‘natural gas’ shall develop goals and objectives for the
onstrate the technical and commercial via-
means any fuel consisting in whole or in part program to be applied to the trans-
bility of technologies to reduce carbon diox-
of— formational technologies developed within
ide emissions released from coal and natural
‘‘(A) natural gas; the program, taking into consideration the
‘‘(B) liquid petroleum gas; following: gas electric generation facilities for commer-
‘‘(C) synthetic gas derived from petroleum ‘‘(A) Increasing the performance of coal cial deployment; and
or natural gas liquids; and natural gas electric generation facili- ‘‘(G) Identifying any barriers to the com-
‘‘(D) any mixture of natural gas and syn- ties, including by— mercial deployment of any technologies
thetic gas; or ‘‘(i) ensuring reliable, low-cost power from under development for the capture of carbon
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‘‘(E) biomethane. new and existing coal and natural gas elec- dioxide produced by coal and natural gas
‘‘(3) NATURAL GAS ELECTRIC GENERATION FA- tric generation facilities; electric generation facilities.
CILITY.— ‘‘(ii) achieving high conversion efficiencies; ‘‘(4) DEMONSTRATION PROJECTS.—
‘‘(A) IN GENERAL.—The term ‘natural gas ‘‘(iii) addressing emissions of carbon diox- ‘‘(A) IN GENERAL.—In carrying out the pro-
electric generation facility’ means a facility ide through high-efficiency platforms; gram, the Secretary shall establish a dem-
that generates electric energy using natural ‘‘(iv) developing small-scale and modular onstration program under which the Sec-
gas as the fuel. technologies to support incremental capac- retary shall enter into agreements by not
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March 3, 2020 CONGRESSIONAL RECORD — SENATE S1377
later than September 30, 2025, for demonstra- the Secretary to carry out this section, to ‘‘(b) CARBON STORAGE PROGRAM.—
tion projects to demonstrate the construc- remain available until expended— ‘‘(1) IN GENERAL.—The Secretary shall es-
tion and operation of not fewer than 5 facili- ‘‘(A) for activities under the research and tablish a program of research, development,
ties to capture carbon dioxide from coal and development program component described and demonstration for carbon storage.
natural gas electric generation facilities. in subsection (b)(2)(A)— ‘‘(2) PROGRAM ACTIVITIES.—Activities under
‘‘(B) REQUIREMENT.—Of the demonstration ‘‘(i) $230,000,000 for each of fiscal years 2021 the program shall include—
projects carried out under subparagraph and 2022; and ‘‘(A) in coordination with relevant Federal
(A)— ‘‘(ii) $150,000,000 for each of fiscal years 2023 agencies, developing and maintaining map-
‘‘(i) not fewer than 2 shall be designed to through 2025; ping tools and resources that assess the ca-
capture carbon dioxide from a natural gas ‘‘(B) subject to paragraph (2), for activities pacity of geologic storage formation in the
electric generation facility; and under the large-scale pilot projects program United States;
‘‘(ii) not fewer than 2 shall be designed to component described in subsection (b)(2)(B)— ‘‘(B) developing monitoring tools, mod-
capture carbon dioxide from a coal electric ‘‘(i) $347,000,000 for each of fiscal years 2021 eling of geologic formations, and analyses—
generation facility. and 2022; ‘‘(i) to predict carbon dioxide containment;
‘‘(C) GOALS.—Each demonstration project ‘‘(ii) $272,000,000 for each of fiscal years 2023 and
under the demonstration program shall be and 2024; and ‘‘(ii) to account for sequestered carbon di-
designed to further the development, deploy- ‘‘(iii) $250,000,000 for fiscal year 2025; oxide in geologic storage sites;
ment, and commercialization of technologies ‘‘(C) for activities under the demonstration ‘‘(C) researching—
to capture and sequester carbon dioxide projects program component described in ‘‘(i) potential environmental, safety, and
emissions from new and existing coal and subsection (b)(2)(C)— health impacts in the event of a leak into
natural gas electric generation facilities. ‘‘(i) $100,000,000 for each of fiscal years 2021 the atmosphere or to an aquifer; and
‘‘(D) APPLICATIONS.— and 2022; and ‘‘(ii) any corresponding mitigation actions
‘‘(i) IN GENERAL.—To be eligible to enter ‘‘(ii) $500,000,000 for each of fiscal years 2023 or responses to limit harmful consequences
into an agreement with the Secretary for a through 2025; and of such a leak;
demonstration project under subparagraph ‘‘(D) for activities under the front-end en- ‘‘(D) evaluating the interactions of carbon
(A), an entity shall submit to the Secretary gineering and design program described in dioxide with formation solids and fluids, in-
an application at such time, in such manner, subsection (b)(2)(D), $50,000,000 for each of fis- cluding the propensity of injections to in-
and containing such information as the Sec- cal years 2021 through 2024. duce seismic activity;
retary may require. ‘‘(2) COST SHARING FOR LARGE-SCALE PILOT ‘‘(E) assessing and ensuring the safety of
‘‘(ii) REVIEW OF APPLICATIONS.—In review- PROJECTS.—Activities under subsection operations relating to geologic sequestration
ing applications submitted under clause (i), (b)(2)(B) shall be subject to the cost-sharing of carbon dioxide;
the Secretary, to the maximum extent prac- requirements of section 988(b).’’. ‘‘(F) determining the fate of carbon dioxide
ticable, shall— (b) TECHNICAL AMENDMENT.—The table of concurrent with and following injection into
‘‘(I) ensure a broad geographic distribution contents for the Energy Policy Act of 2005 geologic formations; and
of project sites; (Public Law 109–58; 119 Stat. 600) is amended ‘‘(G) supporting cost and business model
‘‘(II) ensure that a broad selection of elec- by striking the item relating to section 962 assessments to examine the economic viabil-
tric generation facilities are represented; and inserting the following: ity of technologies and systems developed
‘‘(III) ensure that a broad selection of tech- ‘‘Sec. 962. Coal and natural gas technology under the program.
nologies are represented; and program.’’. ‘‘(3) GEOLOGIC SETTINGS.—In carrying out
‘‘(IV) leverage existing public-private part- SEC. 1403. CARBON STORAGE VALIDATION AND research activities under this subsection, the
nerships and Federal resources. TESTING. Secretary shall consider a variety of can-
‘‘(5) INTRAAGENCY COORDINATION FOR CAR- (a) IN GENERAL.—Section 963 of the Energy didate onshore and offshore geologic set-
BON CAPTURE, UTILIZATION, AND SEQUESTRA- Policy Act of 2005 (42 U.S.C. 16293) is amend- tings, including—
TION ACTIVITIES.—The carbon capture, utili- ed— ‘‘(A) operating oil and gas fields;
zation, and sequestration activities de- (1) by striking subsection (d) and inserting ‘‘(B) depleted oil and gas fields;
scribed in paragraph (3)(B) shall be carried the following: ‘‘(C) residual oil zones;
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—
out by the Assistant Secretary for Fossil En- ‘‘(D) unconventional reservoirs and rock
There are authorized to be appropriated to
ergy, in coordination with the heads of other types;
the Secretary to carry out this section—
relevant offices of the Department and the ‘‘(E) unmineable coal seams;
‘‘(1) $105,000,000 for fiscal year 2021;
National Laboratories. ‘‘(F) saline formations in both sedimentary
‘‘(2) $110,250,000 for fiscal year 2022;
‘‘(6) CONSULTATIONS REQUIRED.—In carrying and basaltic geologies;
‘‘(3) $115,763,000 for fiscal year 2023;
out the program, the Secretary shall— ‘‘(G) geologic systems that may be used as
‘‘(4) $121,551,000 for fiscal year 2024; and
‘‘(A) undertake international collabora- engineered reservoirs to extract economical
‘‘(5) $127,628,000 for fiscal year 2025.’’;
tions, taking into consideration the rec- quantities of brine from geothermal re-
(2) in subsection (c)—
ommendations of the National Coal Council sources of low permeability or porosity; and
(A) by striking paragraphs (5) and (6) and
and the National Petroleum Council; ‘‘(H) geologic systems containing in situ
inserting the following:
‘‘(B) use existing authorities to encourage ‘‘(f) COST SHARING.—Activities carried out carbon dioxide mineralization formations.
international cooperation; and under this section shall be subject to the ‘‘(c) LARGE-SCALE CARBON SEQUESTRATION
‘‘(C) consult with interested entities, in- cost-sharing requirements of section 988.’’; DEMONSTRATION PROGRAM.—
cluding— and ‘‘(1) IN GENERAL.—The Secretary shall es-
‘‘(i) coal and natural gas producers; (B) by redesignating paragraph (4) as sub- tablish a demonstration program under
‘‘(ii) industries that use coal and natural section (e) and indenting appropriately; which the Secretary shall provide funding
gas; (3) in subsection (e) (as so redesignated)— for demonstration projects to collect and
‘‘(iii) organizations that promote coal, ad- (A) by redesignating subparagraphs (A) and validate information on the cost and feasi-
vanced coal, and natural gas technologies; (B) as paragraphs (1) and (2), respectively, bility of commercial deployment of large-
‘‘(iv) environmental organizations; and indenting appropriately; and scale carbon sequestration technologies.
‘‘(v) organizations representing workers; (B) by striking ‘‘subsection’’ each place it ‘‘(2) EXISTING REGIONAL CARBON SEQUESTRA-
and appears and inserting ‘‘section’’; and TION PARTNERSHIPS.—In carrying out para-
‘‘(vi) organizations representing con- (4) by striking the section designation and graph (1), the Secretary may provide addi-
sumers. heading and all that follows through the end tional funding to regional carbon sequestra-
‘‘(c) REPORT.— of subsection (c)(3) and inserting the fol- tion partnerships that are carrying out or
‘‘(1) IN GENERAL.—Not later than 18 months lowing: have completed a large-scale carbon seques-
after the date of enactment of the American ‘‘SEC. 963. CARBON STORAGE VALIDATION AND tration demonstration project under this
Energy Innovation Act of 2020, the Secretary TESTING. section (as in effect on the day before the
shall submit to Congress a report describing ‘‘(a) DEFINITIONS.—In this section: date of enactment of the American Energy
the program goals and objectives adopted ‘‘(1) LARGE-SCALE CARBON SEQUESTRATION.— Innovation Act of 2020) for additional work
under subsection (b)(3). The term ‘large-scale carbon sequestration’ on that project.
‘‘(2) UPDATE.—Not less frequently than means a scale that— ‘‘(3) DEMONSTRATION COMPONENTS.—Each
once every 2 years after the initial report is ‘‘(A) demonstrates the ability to inject demonstration project carried out under this
submitted under paragraph (1), the Secretary into geologic formations and sequester car- subsection shall include longitudinal tests
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shall submit to Congress a report describing bon dioxide; and involving carbon dioxide injection and moni-
the progress made towards achieving the ‘‘(B) has a goal of sequestering not less toring, mitigation, and verification oper-
program goals and objectives adopted under than 50 million metric tons of carbon dioxide ations.
subsection (b)(3). over a 10-year period. ‘‘(4) CLEARINGHOUSE.—The National Energy
‘‘(d) FUNDING.— ‘‘(2) PROGRAM.—The term ‘program’ means Technology Laboratory shall act as a clear-
‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— the program established under subsection inghouse of shared information and re-
There are authorized to be appropriated to (b)(1). sources for—
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S1378 CONGRESSIONAL RECORD — SENATE March 3, 2020
‘‘(A) existing or completed demonstration covery as part of the activities authorized national carbon dioxide pipeline system, in-
projects receiving additional funding under under section 963; cluding suggestions for policies that could—
paragraph (2); and ‘‘(2) to identify and assess novel uses for (i) improve the economic impact of the
‘‘(B) any new demonstration projects fund- carbon, including the conversion of carbon system; and
ed under this subsection. and carbon oxides for commercial and indus- (ii) mitigate impacts of the system;
‘‘(5) REPORT.—Not later than 1 year after trial products and other products with po- (F) assess the global status and progress of
the date of enactment of the American En- tential market value; chemical and biological carbon utilization
ergy Innovation Act of 2020, the Secretary ‘‘(3) to identify and assess carbon capture technologies in practice as of the date of the
shall submit to the Committee on Energy technologies for industrial systems; and study that utilize anthropogenic carbon, in-
and Natural Resources of the Senate and the ‘‘(4) to identify and assess alternative uses cluding carbon dioxide, carbon monoxide,
Committee on Science, Space, and Tech- for raw coal and processed coal products in methane, and biogas, from power generation,
nology of the House of Representatives a re- all phases, including products derived from biofuels production, and other industrial
port that— carbon engineering, carbon fiber, and coal processes;
‘‘(A) assesses the progress of all regional conversion methods. (G) identify emerging technologies and ap-
carbon sequestration partnerships carrying ‘‘(b) DEMONSTRATION PROGRAMS FOR THE proaches for carbon utilization that show
out a demonstration project under this sub- PURPOSE OF COMMERCIALIZATION.— promise for scale-up, demonstration, deploy-
section; ‘‘(1) IN GENERAL.—Not later than 180 days ment, and commercialization;
‘‘(B) identifies the remaining challenges in after the date of enactment of this section, (H) analyze the factors associated with
achieving large-scale carbon sequestration the Secretary shall establish a 2-year dem- making carbon utilization technologies via-
that is reliable and safe for the environment onstration program in each of the 2 major ble at a commercial scale, including carbon
and public health; and coal-producing regions of the United States waste stream availability, economics, mar-
‘‘(C) creates a roadmap for carbon storage for the purpose of partnering with private in- ket capacity, energy, and lifecycle require-
research and development activities of the stitutions in coal mining regions to accel- ments;
Department through 2025, with the goal of erate the commercial deployment of coal- (I)(i) assess the major technical challenges
reducing economic and policy barriers to carbon products. associated with increasing the commercial
commercial carbon sequestration. ‘‘(2) COST SHARING.—Activities under para- viability of carbon reuse technologies; and
‘‘(d) INTEGRATED STORAGE.— graph (1) shall be subject to the cost-sharing (ii) identify the research and development
‘‘(1) IN GENERAL.—The Secretary may tran- requirements of section 988. questions that will address the challenges
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— described in clause (i);
sition large-scale carbon sequestration dem-
There are authorized to be appropriated to (J)(i) assess research efforts being carried
onstration projects under subsection (c) into
the Secretary to carry out this section— out as of the date of the study, including
integrated commercial storage complexes.
‘‘(1) $29,000,000 for fiscal year 2021; basic, applied, engineering, and computa-
‘‘(2) GOALS AND OBJECTIVES.—The goals and
‘‘(2) $30,250,000 for fiscal year 2022; tional research efforts, that are addressing
objectives of the Secretary in seeking to
‘‘(3) $31,562,500 for fiscal year 2023; the challenges described in subparagraph
transition large-scale carbon sequestration ‘‘(4) $32,940,625 for fiscal year 2024; and
demonstration projects into integrated com- (I)(i); and
‘‘(5) $34,387,656 for fiscal year 2025.’’.
mercial storage complexes under paragraph (ii) identify gaps in the research efforts
(2) TECHNICAL AMENDMENT.—The table of
(1) shall be— under clause (i);
contents for the Energy Policy Act of 2005
‘‘(A) to identify geologic storage sites that (K) develop a comprehensive research
(Public Law 109–58; 119 Stat. 600) is amended
are able to accept large volumes of carbon agenda that addresses long- and short-term
by adding at the end of the items relating to
dioxide acceptable for commercial contracts; research needs and opportunities; and
subtitle F of title IX the following:
‘‘(B) to understand the technical and com- (L)(i) identify appropriate Federal agencies
‘‘Sec. 969. Carbon utilization program.’’. with capabilities to support small business
mercial viability of carbon dioxide geologic (b) STUDY.—
storage sites; and entities; and
(1) IN GENERAL.—The Secretary shall enter
‘‘(C) to carry out any other activities nec- (ii) determine what assistance the Federal
into an agreement with the National Acad-
essary to transition the large-scale carbon agencies identified under clause (i) could
emies of Sciences, Engineering, and Medicine
sequestration demonstration projects under provide to small business entities to further
under which the National Academies of
subsection (c) into integrated commercial the development and commercial deploy-
Sciences, Engineering, and Medicine shall
storage complexes.’’. ment of carbon dioxide-based products.
conduct a study to assess any barriers and
(b) TECHNICAL AMENDMENT.—The table of (3) DEADLINE.—Not later than 180 days
opportunities relating to commercializing
contents for the Energy Policy Act of 2005 after the date of enactment of this Act, the
carbon, coal-derived carbon, and carbon di-
(Public Law 109–58; 119 Stat. 600; 121 Stat. National Academies of Sciences, Engineer-
oxide in the United States.
1708) is amended by striking the item relat- ing, and Medicine shall submit to the Sec-
(2) REQUIREMENTS.—The study under para-
ing to section 963 and inserting the fol- retary a report describing the results of the
graph (1) shall—
lowing: study under paragraph (1).
(A) analyze challenges to commercializing
‘‘Sec. 963. Carbon storage validation and SEC. 1405. CARBON REMOVAL.
carbon dioxide, including—
testing.’’. (i) expanding carbon dioxide pipeline ca- (a) IN GENERAL.—Subtitle F of title IX of
(c) CONFORMING AMENDMENTS.— pacity; the Energy Policy Act of 2005 (42 U.S.C. 16291
(1) Section 703(a)(3) of the Department of et seq.) (as amended by section 1404(a)(1)) is
(ii) mitigating environmental impacts;
Energy Carbon Capture and Sequestration amended by adding at the end the following:
(iii) access to capital;
Research, Development, and Demonstration ‘‘SEC. 969A. CARBON REMOVAL.
(iv) geographic barriers; and
Act of 2007 (42 U.S.C. 17251(a)(3)) is amended, (v) regional economic challenges and op- ‘‘(a) ESTABLISHMENT.—The Secretary, in
in the first sentence of the matter preceding coordination with the heads of appropriate
portunities;
subparagraph (A), by striking ‘‘section Federal agencies, including the Secretary of
(B) identify potential markets, industries,
963(c)(3)’’ and inserting ‘‘section 963(c)’’. Agriculture, shall establish a research, de-
or sectors that may benefit from greater ac-
(2) Section 704 of the Department of En- velopment, and demonstration program (re-
cess to commercial carbon dioxide;
ergy Carbon Capture and Sequestration Re- ferred to in this section as the ‘program’) to
(C) determine the feasibility of, and oppor- test, validate, or improve technologies and
search, Development, and Demonstration tunities for, the commercialization of coal-
Act of 2007 (42 U.S.C. 17252) is amended, in strategies to remove carbon dioxide from the
derived carbon products, including for— atmosphere on a large scale.
the first sentence, by striking ‘‘section (i) commercial purposes; ‘‘(b) INTRAAGENCY COORDINATION.—The Sec-
963(c)(3)’’ and inserting ‘‘section 963(c)’’. (ii) industrial purposes; retary shall ensure that the program in-
SEC. 1404. CARBON UTILIZATION PROGRAM. (iii) defense and military purposes; cludes the coordinated participation of the
(a) CARBON UTILIZATION PROGRAM.— (iv) agricultural purposes, including soil Office of Fossil Energy, the Office of Science,
(1) IN GENERAL.—Subtitle F of title IX of amendments and fertilizers; and the Office of Energy Efficiency and Re-
the Energy Policy Act of 2005 (42 U.S.C. 16291 (v) medical and pharmaceutical applica- newable Energy.
et seq.) is amended by adding at the end the tions; ‘‘(c) PROGRAM ACTIVITIES.—The program
following: (vi) construction and building applications; may include research, development, and
‘‘SEC. 969. CARBON UTILIZATION PROGRAM. (vii) energy applications; and demonstration activities relating to—
‘‘(a) IN GENERAL.—The Secretary shall es- (viii) production of critical minerals; ‘‘(1) direct air capture and storage tech-
tablish a program of research, development, (D) assess— nologies;
and demonstration for carbon utilization— (i) the state of infrastructure as of the date ‘‘(2) bioenergy with carbon capture and se-
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‘‘(1) to assess and monitor— of the study; and questration;
‘‘(A) potential changes in lifecycle carbon (ii) any necessary updates to infrastruc- ‘‘(3) enhanced geological weathering;
dioxide and other greenhouse gas emissions; ture to allow for the integration of safe and ‘‘(4) agricultural practices;
and reliable carbon dioxide transportation, use, ‘‘(5) forest management and afforestation;
‘‘(B) other environmental safety indicators and storage; and
of new technologies, practices, processes, or (E) describe the economic, climate, and en- ‘‘(6) planned or managed carbon sinks, in-
methods used in enhanced hydrocarbon re- vironmental impacts of any well-integrated cluding natural and artificial.
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March 3, 2020 CONGRESSIONAL RECORD — SENATE S1379
‘‘(d) REQUIREMENTS.—In developing and ‘‘(B) COMPETITIVE BASIS.—The Secretary Subtitle E—Nuclear
identifying carbon removal technologies and shall select entities to receive grants under SEC. 1501. LIGHT WATER REACTOR SUSTAIN-
strategies under the program, the Secretary this subsection on a competitive basis. ABILITY PROGRAM.
shall consider— ‘‘(C) PRIORITY CRITERIA.—In selecting enti- Section 952 of the Energy Policy Act of
‘‘(1) land use changes, including impacts on ties to receive grants under this subsection, 2005 (42 U.S.C. 16272) is amended by striking
natural and managed ecosystems; the Secretary shall prioritize applicants subsection (b) and inserting the following:
‘‘(2) ocean acidification; that— ‘‘(b) LIGHT WATER REACTOR SUSTAINABILITY
‘‘(3) net greenhouse gas emissions; ‘‘(i) have access to existing or planned re- PROGRAM.—The Secretary shall carry out a
‘‘(4) commercial viability; search facilities for direct air capture and light water reactor sustainability program—
‘‘(5) potential for near-term impact; storage technologies; ‘‘(1) to ensure the achievement of max-
‘‘(6) potential for carbon reductions on a ‘‘(ii) are institutions of higher education imum benefits from existing nuclear genera-
gigaton scale; and with established expertise in engineering for tion;
‘‘(7) economic cobenefits. direct air capture and storage technologies, ‘‘(2) to accommodate the increase in appli-
‘‘(e) AIR CAPTURE TECHNOLOGY PRIZE COM- or partnerships with such institutions of cations for nuclear power plant license re-
PETITION.— higher education; or newals expected as of the date of enactment
‘‘(1) DEFINITIONS.—In this subsection: ‘‘(iii) have access to existing research and of this subsection;
‘‘(A) DILUTE MEDIA.—The term ‘dilute test facilities for bulk materials design and ‘‘(3) to enable the continued operation of
media’ means media in which the concentra- testing, component design and testing, or existing nuclear power plants through tech-
tion of carbon dioxide is less than 1 percent professional engineering design. nology development;
by volume. ‘‘(4) FORMULA FOR AWARDING GRANTS.—The ‘‘(4) to improve the performance and re-
‘‘(B) PRIZE COMPETITION.—The term ‘prize Secretary may develop a formula for award- duce the operation and maintenance costs of
competition’ means the competitive tech- ing grants under this subsection. nuclear power plants;
nology prize competition established under ‘‘(5) SCHEDULE.— ‘‘(5) to promote the use of high-perform-
paragraph (2). ‘‘(A) IN GENERAL.—Each grant awarded ance computing to simulate nuclear reactor
‘‘(2) ESTABLISHMENT.—Not later than 2 under this subsection shall be for a term of processes;
years after the date of enactment of this sec- not more than 5 years, subject to the avail- ‘‘(6) to coordinate with other research and
tion, the Secretary, in consultation with the ability of appropriations. development programs of the Office of Nu-
Administrator of the Environmental Protec- ‘‘(B) RENEWAL.—The Secretary may renew clear Energy to ensure that developed tech-
tion Agency, shall establish as part of the a grant for 1 or more additional 5-year nologies and capabilities are part of an inte-
program a competitive technology prize terms, subject to a competitive merit review grated investment strategy, the overall focus
competition to award prizes for carbon diox- and the availability of appropriations. of which is improving the safety, security,
ide capture from dilute media. ‘‘(6) TERMINATION.—To the extent other- reliability, and economics of operating nu-
‘‘(3) REQUIREMENTS.—In carrying out this wise authorized by law, the Secretary may clear power plants; and
subsection, the Secretary, in accordance eliminate, and terminate grant funding ‘‘(7) to focus on—
with section 24 of the Stevenson-Wydler under this subsection for, a Center during ‘‘(A) new capabilities relating to nuclear
Technology Innovation Act of 1980 (15 U.S.C. any 5-year term described in paragraph (5) if energy research and development;
3719), shall develop requirements for— the Secretary determines that the Center is ‘‘(B) enabling technologies beyond indi-
‘‘(A) the prize competition process; and underperforming. vidual programs;
‘‘(B) monitoring and verification proce- ‘‘(g) PILOT AND DEMONSTRATION ‘‘(C) coordinating capabilities among the
dures for projects selected to receive a prize PROJECTS.—In supporting the technology de- research and development programs of the
under the prize competition. Office of Nuclear Energy;
velopment activities under this section, the
‘‘(4) ELIGIBLE PROJECTS.—To be eligible to ‘‘(D) examining new classes of materials
Secretary is encouraged to support carbon
be awarded a prize under the prize competi- not considered for nuclear applications;
removal pilot and demonstration projects, ‘‘(E) high-risk research, which could poten-
tion, a project shall—
‘‘(A) meet minimum performance stand- including— tially overcome technological limitations;
ards set by the Secretary; ‘‘(1) pilot projects that test direct air cap- and
‘‘(B) meet minimum levels set by the Sec- ture systems capable of capturing 10 to 100 ‘‘(F) the potential for industry partner-
retary for the capture of carbon dioxide from tonnes of carbon oxides per year to provide ships to develop technologies relating to
dilute media; and data for demonstration-scale projects; and storage, hydrogen production, high-tempera-
‘‘(C) demonstrate in the application of the ‘‘(2) direct air capture demonstration ture process heat, and other relevant
project for a prize— projects capable of capturing greater than areas.’’.
‘‘(i) a design for a promising carbon cap- 1,000 tonnes of carbon oxides per year. SEC. 1502. NUCLEAR ENERGY RESEARCH, DEVEL-
ture technology that will— ‘‘(h) INTRAAGENCY COORDINATION.—The di- OPMENT, AND DEMONSTRATION.
‘‘(I) be operated on a demonstration scale; rect air capture activities carried out under Section 952 of the Energy Policy Act of
and subsections (c)(1) and (e) shall be carried out 2005 (42 U.S.C. 16272) is amended by adding at
‘‘(II) have the potential to achieve signifi- in coordination with, and leveraging lessons the end the following:
cant reduction in the level of carbon dioxide learned from, the coal and natural gas tech- ‘‘(e) ADVANCED REACTOR TECHNOLOGIES DE-
in the atmosphere; VELOPMENT PROGRAM.—
nology program established under section
‘‘(ii) a successful bench-scale demonstra- ‘‘(1) IN GENERAL.—The Secretary shall
962(b)(1).
tion of a carbon capture technology; or carry out a program under which the Sec-
‘‘(iii) an operational carbon capture tech- ‘‘(i) ACCOUNTING.—The Secretary shall col- retary shall conduct research relating to the
nology on a commercial scale. laborate with the Administrator of the Envi- development of innovative nuclear reactor
‘‘(f) DIRECT AIR CAPTURE TEST CENTER.— ronmental Protection Agency and the heads technologies that may offer improved safety,
‘‘(1) IN GENERAL.—Not later than 2 years of other relevant Federal agencies to develop functionality, and affordability.
after the date of enactment of this section, and improve accounting frameworks and ‘‘(2) REQUIREMENTS.—The program under
the Secretary shall award grants to 1 or tools to accurately measure carbon removal this subsection shall—
more entities for the operation of 1 or more and sequestration methods and technologies ‘‘(A) support efforts to reduce long-term
test centers (referred to in this subsection as across the Federal Government. technical barriers for advanced nuclear en-
a ‘Center’) to provide unique testing capa- ergy systems; and
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(B) be carried out in consultation with
bilities for innovative direct air capture and
storage technologies. There are authorized to be appropriated to the Nuclear Regulatory Commission to en-
‘‘(2) PURPOSE.—Each Center shall— the Secretary to carry out this section— sure identification of any relevant con-
‘‘(A) advance research, development, dem- ‘‘(1) $75,000,000 for fiscal year 2021, of which cerns.’’.
onstration, and commercial application of $15,000,000 shall be used to carry out sub- SEC. 1503. ADVANCED FUELS DEVELOPMENT.
direct air capture and storage technologies; section (e); Section 953 of the Energy Policy Act of
‘‘(B) support large-scale pilot and dem- ‘‘(2) $63,500,000 for fiscal year 2022; 2005 (42 U.S.C. 16273) is amended—
onstration projects and test direct air cap- ‘‘(3) $66,150,000 for fiscal year 2023; (1) by redesignating subsections (a)
ture and storage technologies; ‘‘(4) $69,458,000 for fiscal year 2024; and through (d) as paragraphs (1), (3), (4), and (5),
‘‘(C) develop front-end engineering design ‘‘(5) $72,930,000 for fiscal year 2025.’’. respectively, and indenting appropriately;
and economic analysis; and (b) TECHNICAL AMENDMENT.—The table of (2) in paragraph (1) (as so redesignated)—
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‘‘(D) maintain a public record of pilot and contents for the Energy Policy Act of 2005 (A) by striking ‘‘this section’’ and insert-
full-scale plant performance. (Public Law 109–58; 119 Stat. 600) (as amended ing ‘‘this subsection’’;
‘‘(3) SELECTION.— by section 1404(a)(2)) is amended by adding at (B) by striking ‘‘minimize environmental’’
‘‘(A) IN GENERAL.—The Secretary shall se- the end of the items relating to subtitle F of and inserting ‘‘improve fuel cycle perform-
lect entities to receive grants under this sub- title IX the following: ance while minimizing the cost and com-
section according to such criteria as the Sec- plexity of processing, environmental im-
retary may develop. ‘‘Sec. 969A. Carbon removal.’’. pacts,’’; and
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S1380 CONGRESSIONAL RECORD — SENATE March 3, 2020
(C) by striking ‘‘the Generation IV’’; (5) in subsection (e), by striking ‘‘this sec- nificant improvements compared to the most
(3) by inserting after paragraph (1) (as so tion’’ and inserting ‘‘this subsection’’; recent generation of fission reactors, includ-
redesignated) the following: (6) in subsection (f)— ing improvements such as—
‘‘(2) CONSIDERATIONS.—In carrying out ac- (A) by striking ‘‘this section’’ and insert- ‘‘(i) additional inherent safety features;
tivities under the program, the Secretary ing ‘‘this subsection’’; and ‘‘(ii) lower waste yields;
shall consider the potential benefits of those (B) by striking ‘‘subsection (b)(2)’’ and in- ‘‘(iii) improved fuel performance;
activities for civilian nuclear applications, serting ‘‘paragraph (2)(B)’’; ‘‘(iv) increased tolerance to loss of fuel
environmental remediation, and national se- (7) by redesignating subsections (a) cooling;
curity.’’; through (f) as paragraphs (1), (2), (3), (4), (6), ‘‘(v) enhanced reliability;
(4) by inserting after paragraph (5) (as so and (7), respectively, and indenting appro- ‘‘(vi) increased proliferation resistance;
redesignated) the following: priately; ‘‘(vii) increased thermal efficiency;
‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— (8) by inserting after paragraph (4) (as so ‘‘(viii) reduced consumption of cooling
There is authorized to be appropriated to the redesignated) the following: water;
Secretary to carry out the program ‘‘(5) RADIOLOGICAL FACILITIES MANAGE- ‘‘(ix) the ability to integrate into electric
$40,000,000 for each of fiscal years 2021 MENT.— applications and nonelectric applications;
through 2025.’’; ‘‘(A) IN GENERAL.—The Secretary shall ‘‘(x) modular sizes to allow for deployment
(5) by inserting before paragraph (1) (as so carry out a program under which the Sec- that corresponds with the demand for elec-
redesignated) the following: retary shall provide project management, tricity; or
‘‘(a) MATERIAL RECOVERY AND WASTE FORM technical support, quality engineering and ‘‘(xi) operational flexibility to respond to
DEVELOPMENT.—’’; and inspection, and nuclear material support to changes in demand for electricity and to
(6) by adding at the end the following: research reactors located at universities. complement integration with intermittent
‘‘(b) ADVANCED FUELS.— renewable energy; and
‘‘(B) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—The Secretary shall
In addition to any amounts appropriated to ‘‘(B) a fusion reactor.
carry out a program to conduct research re-
carry out the program under this subsection, ‘‘(2) INSTITUTION OF HIGHER EDUCATION.—
lating to—
there is authorized to be appropriated to the The term ‘institution of higher education’
‘‘(A) next-generation light water reactor
Secretary to carry out the program under has the meaning given the term in section
fuels that demonstrate improved—
this paragraph $15,000,000 for each of fiscal 101(a) of the Higher Education Act of 1965 (20
‘‘(i) performance; and
years 2021 through 2025.’’; U.S.C. 1001(a)).
‘‘(ii) accident tolerance; and
(9) by inserting before paragraph (1) (as so ‘‘(3) PROGRAM.—The term ‘Program’ means
‘‘(B) advanced reactor fuels that dem-
redesignated) the following: the University Nuclear Leadership Program
onstrate improved—
‘‘(a) UNIVERSITY NUCLEAR SCIENCE AND EN- established under subsection (b).
‘‘(i) proliferation resistance; and
GINEERING SUPPORT.—’’; and ‘‘(b) ESTABLISHMENT.—The Secretary of
‘‘(ii) use of resources. Energy, the Administrator of the National
(10) by adding at the end the following:
‘‘(2) REQUIREMENTS.—In carrying out the Nuclear Security Administration, and the
‘‘(b) NUCLEAR ENERGY APPRENTICESHIP SUB-
program under this subsection, the Sec- Chairman of the Nuclear Regulatory Com-
PROGRAM.—
retary shall— mission shall jointly establish a program, to
‘‘(1) ESTABLISHMENT.—In carrying out the
‘‘(A) focus on the development of accident- be known as the ‘University Nuclear Leader-
program under subsection (a), the Secretary
tolerant fuel and cladding concepts that are ship Program’.
shall establish a nuclear energy apprentice-
capable of achieving initial commercializa- ‘‘(c) USE OF FUNDS.—
ship subprogram under which the Secretary
tion by December 31, 2025; ‘‘(1) IN GENERAL.—Except as provided in
shall establish competitively awarded
‘‘(B) conduct studies regarding the means paragraph (2), amounts made available to
traineeships and apprenticeships in indus-
by which those concepts would impact reac- carry out the Program shall be used to pro-
tries that are represented by skilled labor
tor economics, the fuel cycle, operations, vide financial assistance for scholarships,
unions and with universities to provide fo-
safety, and the environment; fellowships, and research and development
cused, graduate-level training to meet high-
‘‘(C) subject to paragraph (3), publish the projects at institutions of higher education
ly focused needs through a tailored academic
results of the studies conducted under sub- in areas relevant to the programmatic mis-
graduate program that delivers a curriculum
paragraph (B); and sion of the applicable Federal agency pro-
with a rigorous thesis or dissertation re-
‘‘(D) cooperate with institutions of higher viding the financial assistance with respect
search requirement aligned with the critical
education through the Nuclear Energy Uni- to research, development, demonstration,
needs of the Department with respect to mis-
versity and Integrated Research Projects and deployment activities for technologies
sion-driven workforce.
programs of the Department. relevant to advanced nuclear reactors, in-
‘‘(2) REQUIREMENTS.—In carrying out the
‘‘(3) SENSITIVE INFORMATION.—The Sec- cluding relevant fuel cycle technologies.
subprogram under this subsection, the Sec-
retary shall not publish any information ‘‘(2) EXCEPTION.—Notwithstanding para-
retary shall—
under paragraph (2)(C) that is detrimental to graph (1), amounts made available to carry
‘‘(A) encourage appropriate partnerships
national security, as determined by the Sec- out the Program may be used to provide fi-
among National Laboratories, affected uni-
retary. nancial assistance for a scholarship, fellow-
versities, and industry; and
‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— ship, or multiyear research and development
‘‘(B) on an annual basis, evaluate the needs
There is authorized to be appropriated to the project that does not align directly with a
of the nuclear energy community to imple-
Secretary to carry out the program under programmatic mission of the applicable Fed-
ment traineeships for focused topical areas
this subsection $120,000,000 for each of fiscal eral agency providing the financial assist-
addressing mission-specific workforce needs.
years 2021 through 2025.’’. ance, if the activity for which assistance is
‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—
SEC. 1504. NUCLEAR SCIENCE AND ENGINEERING provided would facilitate the maintenance of
SUPPORT. There is authorized to be appropriated to the
Secretary to carry out the subprogram under the discipline of nuclear science or nuclear
(a) IN GENERAL.—Section 954 of the Energy engineering.
Policy Act of 2005 (42 U.S.C. 16274) is amend- this subsection $5,000,000 for each of fiscal
years 2021 through 2025.’’. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—
ed— There are authorized to be appropriated to
(1) in the section heading, by striking (b) CONFORMING AMENDMENT.—The table of
contents of the Energy Policy Act of 2005 carry out the Program for fiscal year 2021
‘‘UNIVERSITY NUCLEAR’’ and inserting and each fiscal year thereafter—
‘‘NUCLEAR’’; (Public Law 109–58; 119 Stat. 600) is amended
‘‘(1) $30,000,000 to the Secretary of Energy,
(2) in subsection (b)— by striking the item relating to section 954
of which $15,000,000 shall be for use by the
(A) in the matter preceding paragraph (1), and inserting the following:
Administrator of the National Nuclear Secu-
by striking ‘‘this section’’ and inserting ‘‘Sec. 954. Nuclear science and engineering rity Administration; and
‘‘this subsection’’; and support.’’. ‘‘(2) $15,000,000 to the Nuclear Regulatory
(B) by redesignating paragraphs (1) SEC. 1505. UNIVERSITY NUCLEAR LEADERSHIP Commission.’’.
through (5) as subparagraphs (A) through (E), PROGRAM.
SEC. 1506. VERSATILE, REACTOR-BASED FAST
respectively, and indenting appropriately; Section 313 of the Energy and Water Devel- NEUTRON SOURCE.
(3) in subsection (c), by redesignating para- opment and Related Agencies Appropriations Section 955(c)(1) of the Energy Policy Act
graphs (1) and (2) as subparagraphs (A) and Act, 2009 (42 U.S.C. 16274a), is amended to of 2005 (42 U.S.C. 16275(c)(1)) is amended—
(B), respectively, and indenting appro- read as follows: (1) in the paragraph heading, by striking
priately; ‘‘SEC. 313. UNIVERSITY NUCLEAR LEADERSHIP ‘‘MISSION NEED’’ and inserting ‘‘AUTHORIZA-
(4) in subsection (d)— PROGRAM. TION’’; and
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(A) in the matter preceding paragraph (1), ‘‘(a) DEFINITIONS.—In this section: (2) in subparagraph (A), by striking ‘‘deter-
by striking ‘‘this section’’ and inserting ‘‘(1) ADVANCED NUCLEAR REACTOR.—The mine the mission need’’ and inserting ‘‘pro-
‘‘this subsection’’; and term ‘advanced nuclear reactor’ means— vide’’.
(B) by redesignating paragraphs (1) ‘‘(A) a nuclear fission reactor, including a SEC. 1507. ADVANCED NUCLEAR REACTOR RE-
through (4) as subparagraphs (A) through prototype plant (as defined in sections 50.2 SEARCH AND DEVELOPMENT GOALS.
(D), respectively, and indenting appro- and 52.1 of title 10, Code of Federal Regula- (a) IN GENERAL.—Subtitle E of title IX of
priately; tions (or successor regulations)), with sig- the Energy Policy Act of 2005 (42 U.S.C. 16271
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March 3, 2020 CONGRESSIONAL RECORD — SENATE S1381
et seq.) is amended by adding at the end the ‘‘(A) include diversity in designs for the ad- ‘‘(ii) could be demonstrated within the
following: vanced nuclear reactors demonstrated under timeframe described in paragraph (1)(B);
‘‘SEC. 959A. ADVANCED NUCLEAR REACTOR RE- this section, including designs using var- ‘‘(B) identify technical challenges to the
SEARCH AND DEVELOPMENT GOALS. ious— candidate technologies identified in subpara-
‘‘(a) DEFINITIONS.—In this section: ‘‘(i) primary coolants; graph (A);
‘‘(1) ADVANCED NUCLEAR REACTOR.—The ‘‘(ii) fuel types and compositions; and ‘‘(C) support near-term research and devel-
term ‘advanced nuclear reactor’ means— ‘‘(iii) neutron spectra; opment to address the highest-risk technical
‘‘(A) a nuclear fission reactor, including a ‘‘(B) seek to ensure that— challenges to the successful demonstration
prototype plant (as defined in sections 50.2 ‘‘(i) the long-term cost of electricity or of a selected advanced reactor technology, in
and 52.1 of title 10, Code of Federal Regula- heat for each design to be demonstrated accordance with—
tions (or successor regulations)), with sig- under this subsection is cost-competitive in ‘‘(i) subparagraph (B); and
nificant improvements compared to the most the applicable market; ‘‘(ii) the research and development activi-
recent generation of fission reactors, includ- ‘‘(ii) the selected projects can meet the ties under sections 952 and 958;
ing improvements such as— deadline established in paragraph (1) to dem- ‘‘(D) establish such technology advisory
‘‘(i) additional inherent safety features; onstrate first-of-a-kind advanced nuclear re- working groups as the Secretary determines
‘‘(ii) lower waste yields; actor technologies, for which additional in- to be appropriate to advise the Secretary re-
‘‘(iii) improved fuel performance; formation shall be considered, including— garding the technical challenges identified
‘‘(iv) increased tolerance to loss of fuel ‘‘(I) the technology readiness level of a pro- under subparagraph (B) and the scope of re-
cooling; posed advanced nuclear reactor technology; search and development programs to address
‘‘(v) enhanced reliability; ‘‘(II) the technical abilities and qualifica- the challenges, in accordance with subpara-
‘‘(vi) increased proliferation resistance; tions of teams desiring to demonstrate a pro- graph (C), to be comprised of—
‘‘(vii) increased thermal efficiency; posed advanced nuclear reactor technology; ‘‘(i) private-sector advanced nuclear reac-
‘‘(viii) reduced consumption of cooling and tor technology developers;
water; ‘‘(III) the capacity to meet cost-share re- ‘‘(ii) technical experts with respect to the
‘‘(ix) the ability to integrate into electric quirements of the Department; relevant technologies at institutions of high-
applications and nonelectric applications; ‘‘(C) ensure that each evaluation of can- er education; and
‘‘(x) modular sizes to allow for deployment didate technologies for the demonstration ‘‘(iii) technical experts at the National
that corresponds with the demand for elec- projects is completed through an external re- Laboratories.
tricity; or view of proposed designs, which review ‘‘(d) GOALS.—
‘‘(xi) operational flexibility to respond to shall— ‘‘(1) IN GENERAL.—The Secretary shall es-
changes in demand for electricity and to ‘‘(i) be conducted by a panel that includes tablish goals for research relating to ad-
complement integration with intermittent not fewer than 1 representative of each of— vanced nuclear reactors facilitated by the
renewable energy; and ‘‘(I) an electric utility; and Department that support the objectives of
‘‘(B) a fusion reactor. ‘‘(II) an entity that uses high-temperature the program for demonstration projects es-
‘‘(2) DEMONSTRATION PROJECT.—The term process heat for manufacturing or industrial tablished under subsection (c).
‘demonstration project’ means an advanced processing, such as a petrochemical com- ‘‘(2) COORDINATION.—In developing the
nuclear reactor operated in any manner, in- pany, a manufacturer of metals, or a manu- goals under paragraph (1), the Secretary
cluding as part of the power generation fa- facturer of concrete; shall coordinate, on an ongoing basis, with
cilities of an electric utility system, for the ‘‘(ii) include a review of cost-competitive- members of private industry to advance the
purpose of demonstrating the suitability for ness and other value streams, together with demonstration of various designs of ad-
commercial application of the advanced nu- the technology readiness level, of each de- vanced nuclear reactors.
clear reactor. sign to be demonstrated under this sub- ‘‘(3) REQUIREMENTS.—In developing the
‘‘(b) PURPOSE.—The purpose of this section section; and goals under paragraph (1), the Secretary
is to direct the Secretary, as soon as prac- ‘‘(iii) not be required for a demonstration shall ensure that—
ticable after the date of enactment of this project that receives no financial assistance ‘‘(A) research activities facilitated by the
section, to advance the research and develop- from the Department for construction costs; Department to meet the goals developed
ment of domestic advanced, affordable, and ‘‘(D) for federally funded demonstration under this subsection are focused on key
clean nuclear energy by— projects, enter into cost-sharing agreements areas of nuclear research and deployment
‘‘(1) demonstrating different advanced nu- with private sector partners in accordance ranging from basic science to full-design de-
clear reactor technologies that could be used with section 988 for the conduct of activities velopment, safety evaluation, and licensing;
by the private sector to produce— relating to the research, development, and ‘‘(B) research programs designed to meet
‘‘(A) emission-free power at a levelized cost demonstration of private-sector advanced the goals emphasize—
of electricity of $60 per megawatt-hour or nuclear reactor designs under the program; ‘‘(i) resolving materials challenges relating
less; ‘‘(E) work with private sector partners to to extreme environments, including ex-
‘‘(B) heat for community heating, indus- identify potential sites, including Depart- tremely high levels of—
trial purposes, or synthetic fuel production; ment-owned sites, for demonstrations, as ap- ‘‘(I) radiation fluence;
‘‘(C) remote or off-grid energy supply; or propriate; ‘‘(II) temperature;
‘‘(D) backup or mission-critical power sup- ‘‘(F) align specific activities carried out ‘‘(III) pressure; and
plies; under demonstration projects carried out ‘‘(IV) corrosion; and
‘‘(2) developing subgoals for nuclear energy under this subsection with priorities identi- ‘‘(ii) qualification of advanced fuels;
research programs that would accomplish fied through direct consultations between— ‘‘(C) activities are carried out that address
the goals of the demonstration projects car- ‘‘(i) the Department; near-term challenges in modeling and sim-
ried out under subsection (c); ‘‘(ii) National Laboratories; ulation to enable accelerated design and li-
‘‘(3) identifying research areas that the pri- ‘‘(iii) institutions of higher education; censing;
vate sector is unable or unwilling to under- ‘‘(iv) traditional end-users (such as electric ‘‘(D) related technologies, such as tech-
take due to the cost of, or risks associated utilities); nologies to manage, reduce, or reuse nuclear
with, the research; and ‘‘(v) potential end-users of new tech- waste, are developed;
‘‘(4) facilitating the access of the private nologies (such as users of high-temperature ‘‘(E) nuclear research infrastructure is
sector— process heat for manufacturing processing, maintained or constructed, such as—
‘‘(A) to Federal research facilities and per- including petrochemical companies, manu- ‘‘(i) currently operational research reac-
sonnel; and facturers of metals, or manufacturers of con- tors at the National Laboratories and insti-
‘‘(B) to the results of research relating to crete); and tutions of higher education;
civil nuclear technology funded by the Fed- ‘‘(vi) developers of advanced nuclear reac- ‘‘(ii) hot cell research facilities;
eral Government. tor technology; and ‘‘(iii) a versatile fast neutron source; and
‘‘(c) DEMONSTRATION PROJECTS.— ‘‘(G) seek to ensure that the demonstration ‘‘(iv) a molten salt testing facility;
‘‘(1) IN GENERAL.—The Secretary shall, to projects carried out under paragraph (1) do ‘‘(F) basic knowledge of non-light water
the maximum extent practicable— not cause any delay in a deployment of an coolant physics and chemistry is improved;
‘‘(A) enter into agreements to complete advanced reactor by private industry and the ‘‘(G) advanced sensors and control systems
not fewer than 2 demonstration projects by Department that is underway as of the date are developed; and
not later than December 31, 2025; and of enactment of this section. ‘‘(H) advanced manufacturing and ad-
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‘‘(B) establish a program to enter into ‘‘(3) ADDITIONAL REQUIREMENTS.—In car- vanced construction techniques and mate-
agreements to complete 1 additional oper- rying out demonstration projects under rials are investigated to reduce the cost of
ational demonstration project by not later paragraph (1), the Secretary shall— advanced nuclear reactors.’’.
than December 31, 2035. ‘‘(A) identify candidate technologies that— (b) TABLE OF CONTENTS.—The table of con-
‘‘(2) REQUIREMENTS.—In carrying out dem- ‘‘(i) are not developed sufficiently for dem- tents of the Energy Policy Act of 2005 (Pub-
onstration projects under paragraph (1), the onstration within the initial required time- lic Law 109–58; 119 Stat. 594; 132 Stat. 3160) is
Secretary shall— frame described in paragraph (1)(A); but amended—
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S1382 CONGRESSIONAL RECORD — SENATE March 3, 2020
(1) in the item relating to section 917, by means uranium with an assay greater than 5 describes actions proposed to be carried out
striking ‘‘Efficiency’’; weight percent, but less than 20 weight per- by the Secretary—
(2) in the items relating to each of sections cent, of the uranium-235 isotope. ‘‘(A) under the program under subsection
957, 958, and 959 by inserting ‘‘Sec.’’ before ‘‘(3) HIGH-ENRICHED URANIUM.—The term (b); or
the item number; and ‘high-enriched uranium’ means uranium ‘‘(B) otherwise to enable the commercial
(3) by inserting after the item relating to with an assay of 20 weight percent or more of use of high-assay, low-enriched uranium.
section 959 the following: the uranium-235 isotope. ‘‘(2) COORDINATION AND STAKEHOLDER
‘‘Sec. 959A. Advanced nuclear reactor re- ‘‘(b) HIGH-ASSAY, LOW-ENRICHED URANIUM INPUT.—In developing the report under this
search and development PROGRAM FOR ADVANCED REACTORS.— subsection, the Secretary shall seek input
goals.’’. ‘‘(1) ESTABLISHMENT.—Not later than 1 year from—
after the date of enactment of this section, ‘‘(A) the Nuclear Regulatory Commission;
SEC. 1508. NUCLEAR ENERGY STRATEGIC PLAN.
the Secretary shall establish a program to ‘‘(B) the National Laboratories;
(a) IN GENERAL.—Subtitle E of title IX of ‘‘(C) institutions of higher education;
the Energy Policy Act of 2005 (42 U.S.C. 16271 make available high-assay, low-enriched ura-
nium, through contracts for sale, resale, ‘‘(D) producers of medical isotopes;
et seq.) (as amended by section 1507(a)) is ‘‘(E) a diverse group of entities operating
amended by adding at the end the following: transfer, or lease, for use in commercial or
noncommercial advanced nuclear reactors. in the nuclear energy industry; and
‘‘SEC. 959B. NUCLEAR ENERGY STRATEGIC PLAN. ‘‘(F) a diverse group of technology devel-
‘‘(2) NUCLEAR FUEL OWNERSHIP.—Each lease
‘‘(a) IN GENERAL.—Not later than 180 days under this subsection shall include a provi- opers.
after the date of enactment of this section, sion establishing that the high-assay, low- ‘‘(3) COST AND SCHEDULE ESTIMATES.—The
the Secretary shall submit to the Committee enriched uranium that is the subject of the report under this subsection shall include es-
on Energy and Natural Resources of the Sen- lease shall remain the property of the De- timated costs, budgets, and timeframes for
ate and the Committees on Energy and Com- partment, including with respect to responsi- enabling the use of high-assay, low-enriched
merce and Science, Space, and Technology of bility for the storage, use, or final disposi- uranium.
the House of Representatives a 10-year stra- tion of all radioactive waste created by the ‘‘(4) REQUIRED EVALUATIONS.—The report
tegic plan for the Office of Nuclear Energy of irradiation, processing, or purification of under this subsection shall evaluate—
the Department, in accordance with this sec- ‘‘(A) the costs and actions required to es-
any leased high-assay, low-enriched ura-
tion. tablish and carry out the program under sub-
nium.
‘‘(b) REQUIREMENTS.— section (b), including with respect to—
‘‘(3) QUANTITY.—In carrying out the pro-
‘‘(1) COMPONENTS.—The strategic plan ‘‘(i) proposed preliminary terms for the
gram under this subsection, the Secretary
under this section shall designate— sale, resale, transfer, and leasing of high-
shall make available—
‘‘(A) programs that support the planned ac- assay, low-enriched uranium (including
‘‘(A) by December 31, 2022, high-assay, low-
complishment of— guidelines defining the roles and responsibil-
enriched uranium containing not less than 2
‘‘(i) the goals established under section ities between the Department and the pur-
metric tons of the uranium-235 isotope; and
959A; and chaser, transfer recipient, or lessee); and
‘‘(B) by December 31, 2025, high-assay, low-
‘‘(ii) the demonstration programs identi- ‘‘(ii) the potential to coordinate with pur-
enriched uranium containing not less than 10
fied under subsection (c) of that section; and chasers, transfer recipients, and lessees re-
metric tons of the uranium-235 isotope (as garding—
‘‘(B) programs that— determined including the quantities of the
‘‘(i) do not support the planned accom- ‘‘(I) fuel fabrication; and
uranium-235 isotope made available before ‘‘(II) fuel transport;
plishment of demonstration programs, or the December 31, 2022).
goals, referred to in subparagraph (A); but ‘‘(B) the potential sources and fuel forms
‘‘(4) FACTORS FOR CONSIDERATION.—In car- available to provide uranium for the pro-
‘‘(ii) are important to the mission of the rying out the program under this subsection,
Office of Nuclear Energy, as determined by gram under subsection (b);
the Secretary shall take into consideration— ‘‘(C) options to coordinate the program
the Secretary. ‘‘(A) options for providing the high-assay,
‘‘(2) PROGRAM PLANNING.—In developing the under subsection (b) with the operation of
low-enriched uranium under this subsection the versatile, reactor-based fast neutron
strategic plan under this section, the Sec- from a stockpile of uranium owned by the
retary shall specify expected timelines for, source under section 959A;
Department (including the National Nuclear ‘‘(D) the ability of the domestic uranium
as applicable— Security Administration), including—
‘‘(A) the accomplishment of relevant objec- market to provide materials for advanced
‘‘(i) fuel that— nuclear reactor fuel; and
tives under current programs of the Depart- ‘‘(I) directly meets the needs of an end-
ment; or ‘‘(E) any associated legal, regulatory, and
user; but policy issues that should be addressed to en-
‘‘(B) the commencement of new programs ‘‘(II) has been previously used or fabricated
to accomplish those objectives. able—
for another purpose; ‘‘(i) the program under subsection (b); and
‘‘(c) UPDATES.—Not less frequently than ‘‘(ii) fuel that can meet the needs of an
once every 2 years, the Secretary shall sub- ‘‘(ii) the establishment of a domestic in-
end-user after removing radioactive or other dustry capable of providing high-assay, low-
mit to the Committee on Energy and Nat- contaminants that resulted from a previous
ural Resources of the Senate and the Com- enriched uranium for commercial and non-
use or fabrication of the fuel for research, de- commercial purposes, including with respect
mittees on Energy and Commerce and velopment, demonstration, or deployment
Science, Space, and Technology of the House to the needs of—
activities of the Department (including ac- ‘‘(I) the Department;
of Representatives an updated 10-year stra- tivities of the National Nuclear Security Ad-
tegic plan in accordance with subsection (b), ‘‘(II) the Department of Defense; and
ministration); and ‘‘(III) the National Nuclear Security Ad-
which shall identify, and provide a justifica- ‘‘(iii) fuel from a high-enriched uranium
tion for, any major deviation from a previous ministration.
stockpile, which can be blended with lower- ‘‘(d) HALEU TRANSPORTATION PACKAGE RE-
strategic plan submitted under this sec- assay uranium to become high-assay, low-en-
tion.’’. SEARCH PROGRAM.—
riched uranium to meet the needs of an end- ‘‘(1) IN GENERAL.—As soon as practicable
(b) TABLE OF CONTENTS.—The table of con- user; and
tents of the Energy Policy Act of 2005 (Pub- after the date of enactment of this section,
‘‘(B) requirements to support molybdenum- the Secretary shall establish a research, de-
lic Law 109–58; 119 Stat. 594; 132 Stat. 3160) (as 99 production under the American Medical
amended by section 1507(b)(3)) is amended by velopment, and demonstration program
Isotopes Production Act of 2012 (Public Law under which the Secretary shall provide fi-
inserting after the item relating to section 112–239; 126 Stat. 2211).
959A the following: nancial assistance, on a competitive basis, to
‘‘(5) LIMITATION.—The Secretary shall not establish the capability to transport high-
‘‘Sec. 959B. Nuclear energy strategic plan.’’. barter or otherwise sell or transfer uranium assay, low-enriched uranium.
SEC. 1509. ADVANCED NUCLEAR FUEL SECURITY in any form in exchange for services relating ‘‘(2) REQUIREMENT.—The focus of the pro-
PROGRAM. to the final disposition of radioactive waste gram under this subsection shall be to estab-
(a) IN GENERAL.—Subtitle E of title IX of from uranium that is the subject of a lease lish 1 or more HALEU transportation pack-
the Energy Policy Act of 2005 (42 U.S.C. 16271 under this subsection. ages that can be certified by the Nuclear
et seq.) (as amended by section 1508(a)) is ‘‘(6) SUNSET.—The program under this sub- Regulatory Commission to transport high-
amended by adding at the end the following: section shall terminate on the earlier of— assay, low-enriched uranium to the various
‘‘SEC. 960. ADVANCED NUCLEAR FUEL SECURITY ‘‘(A) January 1, 2035; and facilities involved in producing or using nu-
PROGRAM. ‘‘(B) the date on which uranium enriched clear fuel containing high-assay, low-en-
‘‘(a) DEFINITIONS.—In this section: up to, but not equal to, 20 weight percent can riched uranium, such as—
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‘‘(1) HALEU TRANSPORTATION PACKAGE.— be obtained in the commercial market from ‘‘(A) enrichment facilities;
The term ‘HALEU transportation package’ domestic suppliers. ‘‘(B) fuel processing facilities;
means a transportation package that is suit- ‘‘(c) REPORT.— ‘‘(C) fuel fabrication facilities; and
able for transporting high-assay, low-en- ‘‘(1) IN GENERAL.—Not later than 180 days ‘‘(D) nuclear reactors.’’.
riched uranium. after the date of enactment of this section, (b) CLERICAL AMENDMENT.—The table of
‘‘(2) HIGH-ASSAY, LOW-ENRICHED URANIUM.— the Secretary shall submit to the appro- contents of the Energy Policy Act of 2005
The term ‘high-assay, low-enriched uranium’ priate committees of Congress a report that (Public Law 109–58; 119 Stat. 594; 132 Stat.
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March 3, 2020 CONGRESSIONAL RECORD — SENATE S1383
3160) (as amended by section 1508(b)) is (iii) to expand the use of emissions-reduc- (1) by striking ‘‘Industrial Technologies
amended by inserting after the item relating ing energy technologies into nonelectric sec- Program’’ each place it appears and insert-
to section 959B the following: tors to achieve significant reductions in en- ing ‘‘Advanced Manufacturing Office’’; and
‘‘Sec. 960. Advanced nuclear fuel security vironmental emissions. (2) in the matter preceding paragraph (1),
program.’’. (B) PROGRAM ADMINISTRATION; PARTNERS.— by striking ‘‘Office of Energy’’ and all that
SEC. 1510. INTERNATIONAL NUCLEAR ENERGY The program shall be carried out by the follows through ‘‘Office of Science’’ and in-
COOPERATION. Under Secretary of Energy, in partnership serting ‘‘Department of Energy’’.
(a) IN GENERAL.—Subtitle H of Title IX of with— SEC. 1603. INDUSTRIAL EMISSIONS REDUCTION
the Energy Policy Act of 2005 (42 U.S.C. 16341 (i) relevant offices within the Department; TECHNOLOGY DEVELOPMENT PRO-
et seq.) is amended by adding at the end the (ii) National Laboratories; GRAM.
following: (iii) institutions of higher education; and (a) IN GENERAL.—The Energy Independence
‘‘SEC. 986B. INTERNATIONAL NUCLEAR ENERGY
(iv) the private sector. and Security Act of 2007 is amended by in-
COOPERATION. (C) GOALS AND MILESTONES.—The Secretary serting after section 454 (as added by section
‘‘(a) IN GENERAL.—The Secretary shall shall establish quantitative goals and mile- 1022(b)) the following:
carry out a program to develop bilateral col- stones for the program.
‘‘SEC. 455. INDUSTRIAL EMISSIONS REDUCTION
laboration initiatives with a variety of coun- (2) RESEARCH AREAS.—Research areas under TECHNOLOGY DEVELOPMENT PRO-
tries through— the program may include— GRAM.
‘‘(1) research and development agreements; (A) technology innovation to further the ‘‘(a) DEFINITIONS.—In this section:
‘‘(2) other relevant arrangements and ac- expansion of emissions-reducing energy tech- ‘‘(1) DIRECTOR.—The term ‘Director’ means
tion plan updates; and nologies to accommodate a modern, resilient the Director of the Office of Science and
grid system by—
‘‘(3) maintaining existing multilateral co- Technology Policy.
(i) effectively leveraging multiple energy
operation commitments of— ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible
sources;
‘‘(A) the International Framework for Nu- entity’ means—
(ii) enhancing and streamlining engineer-
clear Energy Cooperation; ‘‘(A) a scientist or other individual with
ing design;
‘‘(B) the Generation IV International knowledge and expertise in emissions reduc-
(iii) carrying out process demonstrations
Forum; tion;
to optimize performance; and
‘‘(C) the International Atomic Energy ‘‘(B) an institution of higher education;
(iv) streamlining regulatory review;
Agency; and ‘‘(C) a nongovernmental organization;
(B) advanced power cycles, energy extrac-
‘‘(D) any other international collaborative ‘‘(D) a National Laboratory;
tion, and processing of complex hydro-
effort with respect to advanced nuclear reac- carbons to produce high-value chemicals; ‘‘(E) a private entity; and
tor operations and safety. (C) efficient use of emissions-reducing en- ‘‘(F) a partnership or consortium of 2 or
‘‘(b) SUBPROGRAM.— more entities described in subparagraphs (B)
ergy technologies for hydrogen production to
‘‘(1) IN GENERAL.—In carrying out the pro- through (E).
support transportation and industrial needs;
gram under subsection (a), the Secretary ‘‘(3) EMISSIONS REDUCTION.—
(D) enhancement and acceleration of do-
shall establish a subprogram that shall— ‘‘(A) IN GENERAL.—The term ‘emissions re-
mestic manufacturing and desalinization
‘‘(A) support diplomatic, nonproliferation, technologies and processes by optimally duction’ means the reduction, to the max-
climate, and international economic objec- using clean energy sources; imum extent practicable, of net nonwater
tives for the safe, secure, and peaceful use of (E) more effective thermal energy use, greenhouse gas emissions to the atmosphere
nuclear technology in countries developing transport, and storage; by energy services and industrial processes.
nuclear energy programs, with a focus on (F) the demonstration of nuclear energy ‘‘(B) EXCLUSION.—The term ‘emissions re-
countries that have increased civil nuclear delivery for— duction’ does not include the elimination of
cooperation with Russia and China; and (i) the production of chemicals, metals, carbon embodied in the principal products of
‘‘(B) be modeled after the International and fuels; industrial manufacturing.
Military Education and Training program of (ii) the capture, use, and storage of carbon; ‘‘(4) INSTITUTION OF HIGHER EDUCATION.—
the Department of State. (iii) renewable integration with an inte- The term ‘institution of higher education’
‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— grated energy system; and has the meaning given the term in section
There is authorized to be appropriated to the (iv) conversion of carbon feedstock, such as 101 of the Higher Education Act of 1965 (20
Secretary to carry out the subprogram under coal, biomass, natural gas, and refuse waste, U.S.C. 1001).
this subsection $5,500,000 for each of fiscal to higher value nonelectric commodities; ‘‘(5) PROGRAM.—The term ‘program’ means
years 2021 through 2025. (G) the development of new analysis capa- the program established under subsection
‘‘(c) REQUIREMENTS.—The program under bilities to identify the best ways— (b)(1).
subsection (a) shall be carried out— (i) to leverage multiple energy sources in a ‘‘(b) INDUSTRIAL EMISSIONS REDUCTION
‘‘(1) to facilitate, to the maximum extent given region; and TECHNOLOGY DEVELOPMENT PROGRAM.—
practicable, workshops and expert-based ex- (ii) to quantify the benefits of integrated ‘‘(1) IN GENERAL.—Not later than 1 year
changes to engage industry, stakeholders, energy systems; and after the date of enactment of the American
and foreign governments regarding inter- (H) any other area that, as determined by Energy Innovation Act of 2020, the Sec-
national civil nuclear issues, such as train- the Secretary, meets the purpose and goals retary, in consultation with the Director,
ing, financing, safety, and options for multi- of the program. the heads of relevant Federal agencies, Na-
national cooperation on used nuclear fuel (3) GRANTS.—The Secretary may award tional Laboratories, industry, and institu-
disposal; and grants under the program to support the tions of higher education, shall establish a
‘‘(2) in coordination with— goals of the program. crosscutting industrial emissions reduction
‘‘(A) the National Security Council; (b) REPORT ON DUPLICATIVE PROGRAMS.— technology development program of re-
‘‘(B) the Secretary of State; Not later than 1 year after the date of enact- search, development, demonstration, and
‘‘(C) the Secretary of Commerce; and ment of this Act, and annually thereafter, commercial application to further the devel-
‘‘(D) the Nuclear Regulatory Commis- the Secretary shall submit to Congress a re- opment and commercialization of innovative
sion.’’. port identifying any program that is duplica- technologies that—
(b) CONFORMING AMENDMENT.—The table of tive of the program established under sub- ‘‘(A) increase the technological and eco-
contents of the Energy Policy Act of 2005 section (a)(1)(A). nomic competitiveness of industry and man-
(Public Law 109–58; 119 Stat. 600) is amended Subtitle F—Industrial Technologies ufacturing in the United States;
by inserting after the item relating to sec- ‘‘(B) increase the viability and competi-
PART I—INNOVATION
tion 986A the following: tiveness of United States industrial tech-
SEC. 1601. PURPOSE.
‘‘Sec. 986B. International nuclear energy co- nology exports; and
The purpose of this part and the amend-
operation.’’. ‘‘(C) achieve emissions reduction in
ments made by this part is to encourage the
SEC. 1511. INTEGRATED ENERGY SYSTEMS PRO- development and evaluation of innovative nonpower industrial sectors.
GRAM. ‘‘(2) COORDINATION.—In carrying out the
technologies aimed at increasing—
(a) PROGRAM.— (1) the technological and economic com- program, the Secretary shall—
(1) ESTABLISHMENT.— petitiveness of industry and manufacturing ‘‘(A) coordinate with each relevant office
(A) IN GENERAL.—The Secretary shall es- in the United States; and in the Department and any other Federal
tablish a program, to be known as the ‘‘Inte- (2) the emissions reduction of nonpower in- agency;
grated Energy Systems Program’’ (referred dustrial sectors. ‘‘(B) coordinate and collaborate with the
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to in this subsection as the ‘‘program’’)— SEC. 1602. COORDINATION OF RESEARCH AND
Industrial Technology Innovation Advisory
(i) to maximize energy production and effi- DEVELOPMENT OF ENERGY EFFI- Committee established under section 456; and
ciency; CIENT TECHNOLOGIES FOR INDUS- ‘‘(C) coordinate and seek to avoid duplica-
(ii) to develop energy systems involving TRY. tion with the energy-intensive industries
the integration of nuclear energy with re- Section 6(a) of the American Energy Manu- program established under section 452.
newable energy, fossil energy, and energy facturing Technical Corrections Act (42 ‘‘(3) LEVERAGE OF EXISTING RESOURCES.—In
storage; and U.S.C. 6351(a)) is amended— carrying out the program, the Secretary
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S1384 CONGRESSIONAL RECORD — SENATE March 3, 2020
shall leverage, to the maximum extent prac- ‘‘(d) GRANTS, CONTRACTS, COOPERATIVE ‘‘(E) not less than 2 representatives of non-
ticable— AGREEMENTS, AND DEMONSTRATION governmental organizations;
‘‘(A) existing resources and programs of PROJECTS.— ‘‘(F) not less than 6 representatives of
the Department and other relevant Federal ‘‘(1) GRANTS.—In carrying out the program, small- and large-scale industry, the collec-
agencies; and the Secretary shall award grants on a com- tive expertise of which shall cover every
‘‘(B) public-private partnerships. petitive basis to eligible entities for projects focus area described in section 455(c); and
that the Secretary determines would best ‘‘(G) any other individuals the Secretary,
‘‘(c) FOCUS AREAS.—The program shall
achieve the goals of the program. in coordination with the Director, deter-
focus on— ‘‘(2) CONTRACTS AND COOPERATIVE AGREE- mines to be necessary to ensure that the
‘‘(1) industrial production processes, in- MENTS.—In carrying out the program, the Committee is comprised of a diverse group of
cluding technologies and processes that— Secretary may enter into contracts and co- representatives of industry, academia, inde-
‘‘(A) achieve emissions reduction in high- operative agreements with eligible entities pendent researchers, and public and private
emissions industrial materials production and Federal agencies for projects that the entities.
processes, including production processes for Secretary determines would further the pur- ‘‘(3) CHAIR.—The Secretary shall designate
iron, steel, steel mill products, aluminum, poses of the program. a member of the Committee to serve as
cement, glass, pulp, paper, and industrial ce- ‘‘(3) DEMONSTRATION PROJECTS.—In sup- Chair.
ramics; porting technologies developed under this ‘‘(d) DUTIES.—
‘‘(B) achieve emissions reduction in section, the Secretary shall fund demonstra- ‘‘(1) IN GENERAL.—The Committee shall—
medium- and high-temperature heat genera- tion projects that test and validate tech- ‘‘(A) in consultation with the Secretary
tion, including— nologies described in subsection (c). and the Director, propose missions and goals
‘‘(i) through electrification of heating ‘‘(4) APPLICATION.—An entity seeking fund- for the program, which shall be consistent
processes; ing or a contract or agreement under this with the purposes of the program described
‘‘(ii) through renewable heat generation subsection shall submit to the Secretary an in section 455(b)(1); and
technology; application at such time, in such manner, ‘‘(B) advise the Secretary with respect to
‘‘(iii) through combined heat and power; and containing such information as the Sec- the program—
and retary may require. ‘‘(i) by identifying and evaluating any
‘‘(iv) by switching to alternative fuels, in- ‘‘(5) COST SHARING.—In awarding funds technologies being developed by the private
cluding hydrogen and nuclear energy; under this section, the Secretary shall re- sector relating to the focus areas described
‘‘(C) achieve emissions reduction in chem- quire cost sharing in accordance with section in section 455(c);
ical production processes, including by in- 988 of the Energy Policy Act of 2005 (42 U.S.C. ‘‘(ii) by identifying technology gaps in the
corporating, if appropriate and practicable, 16352).’’. private sector in those focus areas, and mak-
principles, practices, and methodologies of (b) TECHNICAL AMENDMENT.—The table of ing recommendations to address those gaps;
sustainable, green chemistry and engineer- contents of the Energy Independence and Se- ‘‘(iii) by surveying and analyzing factors
ing; curity Act of 2007 (Public Law 110–140; 121 that prevent the adoption of emissions re-
‘‘(D) leverage smart manufacturing tech- Stat. 1494) (as amended by section 1022(c)) is duction technologies by the private sector;
nologies and principles, digital manufac- amended by inserting after the item relating and
turing technologies, and advanced data ana- to section 454 the following: ‘‘(iv) by recommending technology screen-
lytics to develop advanced technologies and ‘‘Sec. 455. Industrial emissions reduction ing criteria for technology developed under
practices in information, automation, moni- technology development pro- the program to encourage adoption of the
toring, computation, sensing, modeling, and gram.’’. technology by the private sector; and
networking to— SEC. 1604. INDUSTRIAL TECHNOLOGY INNOVA- ‘‘(C) develop the strategic plan described in
‘‘(i) model and simulate manufacturing TION ADVISORY COMMITTEE. paragraph (2).
production lines; (a) IN GENERAL.—The Energy Independence ‘‘(2) STRATEGIC PLAN.—
‘‘(ii) monitor and communicate production and Security Act of 2007 is amended by in- ‘‘(A) PURPOSE.—The purpose of the stra-
line status; serting after section 455 (as added by section tegic plan developed under paragraph (1)(C)
‘‘(iii) manage and optimize energy produc- 1603(a)) the following: is to achieve the goals of the program in the
tivity and cost throughout production; and ‘‘SEC. 456. INDUSTRIAL TECHNOLOGY INNOVA-
focus areas described in section 455(c).
TION ADVISORY COMMITTEE.
‘‘(iv) model, simulate, and optimize the en- ‘‘(B) CONTENTS.—The strategic plan devel-
‘‘(a) DEFINITIONS.—In this section:
ergy efficiency of manufacturing processes; oped under paragraph (1)(C) shall—
‘‘(1) COMMITTEE.—The term ‘Committee’
‘‘(E) minimize the negative environmental ‘‘(i) specify near-term and long-term quali-
means the Industrial Technology Innovation
impacts of manufacturing and sustainable tative and quantitative objectives relating
Advisory Committee established under sub-
chemistry while conserving energy and re- to each focus area described in section 455(c),
section (b).
sources, including— including research, development, demonstra-
‘‘(2) DIRECTOR.—The term ‘Director’ means
‘‘(i) by designing products that enable tion, and commercial application objectives;
the Director of the Office of Science and
reuse, refurbishment, remanufacturing, and ‘‘(ii) specify the anticipated timeframe for
Technology Policy.
recycling; achieving the objectives specified under
‘‘(3) EMISSIONS REDUCTION.—The term
‘‘(ii) by minimizing waste from industrial clause (i);
‘emissions reduction’ has the meaning given
processes, including through the reuse of ‘‘(iii) include plans for developing emis-
the term in section 455(a).
waste as other resources in other industrial sions reduction technologies that are glob-
‘‘(4) PROGRAM.—The term ‘program’ means
processes for mutual benefit; and ally cost-competitive;
the industrial emissions reduction tech-
‘‘(iii) by increasing resource efficiency; and ‘‘(iv) identify the public and private costs
nology development program established
‘‘(F) increase the energy efficiency of in- of achieving the objectives specified under
under section 455(b)(1).
dustrial processes; ‘‘(b) ESTABLISHMENT.—Not later than 180 clause (i); and
‘‘(2) alternative materials that produce days after the date of enactment of the ‘‘(v) estimate the economic and employ-
fewer emissions during production and result American Energy Innovation Act of 2020, the ment impact in the United States of achiev-
in fewer emissions during use; Secretary, in consultation with the Director, ing those objectives.
‘‘(3) development of net-zero emissions liq- shall establish an advisory committee, to be ‘‘(e) MEETINGS.—
uid and gaseous fuels; known as the ‘Industrial Technology Innova- ‘‘(1) FREQUENCY.—The Committee shall
‘‘(4) emissions reduction in shipping, avia- tion Advisory Committee’. meet not less frequently than 2 times per
tion, and long distance transportation; ‘‘(c) MEMBERSHIP.— year, at the call of the Chair.
‘‘(5) carbon capture technologies for indus- ‘‘(1) APPOINTMENT.—The Committee shall ‘‘(2) INITIAL MEETING.—Not later than 30
trial processes; be comprised of not fewer than 14 members days after the date on which the members
‘‘(6) other technologies that achieve net- and not more than 18 members, who shall be are appointed under subsection (b), the Com-
zero emissions in nonpower industrial sec- appointed by the Secretary, in consultation mittee shall hold its first meeting.
tors, as determined by the Secretary, in con- with the Director. ‘‘(f) COMMITTEE REPORT.—
sultation with the Director; and ‘‘(2) REPRESENTATION.—Members appointed ‘‘(1) IN GENERAL.—Not later than 2 years
‘‘(7) high-performance computing to de- pursuant to paragraph (1) shall include— after the date of enactment of the American
velop advanced materials and manufacturing ‘‘(A) not less than 1 representative of each Energy Innovation Act of 2020, and not less
processes contributing to the focus areas de- relevant Federal agency, as determined by frequently than once every 3 years there-
scribed in paragraphs (1) through (6), includ- the Secretary; after, the Committee shall submit to the
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ing— ‘‘(B) the Chair of the Secretary of Energy Secretary a report on the progress of achiev-
‘‘(A) modeling, simulation, and optimiza- Advisory Board, if that position is filled; ing the purposes of the program.
tion of the design of energy efficient and sus- ‘‘(C) not less than 2 representatives of ‘‘(2) CONTENTS.—The report under para-
tainable products; and labor groups; graph (1) shall include—
‘‘(B) the use of digital prototyping and ad- ‘‘(D) not less than 3 representatives of the ‘‘(A) a description of any technology inno-
ditive manufacturing to enhance product de- research community, which shall include vation opportunities identified by the Com-
sign. academia and National Laboratories; mittee;
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March 3, 2020 CONGRESSIONAL RECORD — SENATE S1385
‘‘(B) a description of any technology gaps 101 of the Higher Education Act of 1965 (20 to follow a systematic approach in achieving
identified by the Committee under sub- U.S.C. 1001). continual improvement of energy perform-
section (d)(1)(B)(ii); ‘‘(4) PROGRAM.—The term ‘program’ means ance, including energy efficiency, security,
‘‘(C) recommendations for improving tech- the program established under subsection use, and consumption.
nology screening criteria and management (b). (2) INDUSTRIAL ASSESSMENT CENTER.—The
of the program; ‘‘(b) ESTABLISHMENT.—Not later than 180 term ‘‘industrial assessment center’’ means
‘‘(D) an evaluation of the progress of the days after the date of enactment of the a center located at an institution of higher
program and the research and development American Energy Innovation Act of 2020, the education that—
funded under the program; Secretary shall establish a program to pro- (A) receives funding from the Department;
‘‘(E) any recommended changes to the vide technical assistance to eligible entities (B) provides an in-depth assessment of
focus areas of the program described in sec- to carry out an activity described in sub- small- and medium-size manufacturer plant
tion 455(c); section (c). sites to evaluate the facilities, services, and
‘‘(F) a description of the manner in which ‘‘(c) ACTIVITIES DESCRIBED.—An activity manufacturing operations of the plant site;
the Committee has carried out the duties de- referred to in subsection (b) is any of the fol- and
scribed in subsection (d)(1) and any relevant lowing activities carried out for the purpose (C) identifies opportunities for potential
findings as a result of carrying out those du- of achieving emissions reduction in savings for small- and medium-size manufac-
ties; nonpower industrial sectors: turer plant sites from energy efficiency im-
‘‘(G) if necessary, an update to the stra- ‘‘(1) Adopting emissions reduction tech- provements, waste minimization, pollution
tegic plan developed by the Committee under nologies. prevention, and productivity improvement.
subsection (d)(1)(C); ‘‘(2) Establishing goals and priorities to ac- (3) INFORMATION AND COMMUNICATION TECH-
‘‘(H) the progress made in achieving the celerate the development and evaluation of NOLOGY.—The term ‘‘information and com-
goals set out in that strategic plan; relevant technologies. munication technology’’ means any elec-
‘‘(I) a review of the management, coordina- ‘‘(3) Developing collaborations across tronic system or equipment (including the
tion, and industry utility of the program; States, local governments, and territories content contained in the system or equip-
‘‘(J) an assessment of the extent to which and possessions of the United States. ment) used to create, convert, communicate,
progress has been made under the program in ‘‘(4) Reviewing the appropriate emissions or duplicate data or information, including
developing commercial, cost-competitive reduction technologies available for a par- computer hardware, firmware, software,
technologies in each focus area described in ticular eligible entity. communication protocols, networks, and
section 455(c); and ‘‘(5) Developing a roadmap for imple- data interfaces.
‘‘(K) an assessment of the effectiveness of menting emissions reduction technologies (4) INSTITUTION OF HIGHER EDUCATION.—The
the program in coordinating efforts within for a particular eligible entity. term ‘‘institution of higher education’’ has
the Department and with other Federal ‘‘(6) Any other activity determined appro- the meaning given the term in section 101(a)
agencies to achieve the purposes of the pro- priate by the Secretary. of the Higher Education Act of 1965 (20 U.S.C.
gram. ‘‘(d) APPLICATIONS.— 1001(a)).
‘‘(g) REPORT TO CONGRESS.—Not later than ‘‘(1) IN GENERAL.—An eligible entity desir- (5) NORTH AMERICAN INDUSTRY CLASSIFICA-
ing technical assistance under the program TION SYSTEM.—The term ‘‘North American
60 days after receiving a report from the
shall submit to the Secretary an application Industry Classification System’’ means the
Committee under subsection (f), the Sec-
at such time, in such manner, and con- standard used by Federal statistical agencies
retary shall submit a copy of that report to
taining such information as the Secretary in classifying business establishments for
the Committees on Appropriations and
may require. the purpose of collecting, analyzing, and
Science, Space, and Technology of the House
‘‘(2) APPLICATION PROCESS.—The Secretary publishing statistical data relating to the
of Representatives, the Committees on Ap-
shall seek applications for technical assist- business economy of the United States.
propriations and Energy and Natural Re-
ance under the program on a periodic basis, (6) SMALL AND MEDIUM MANUFACTURERS.—
sources of the Senate, and any other rel-
but not less frequently than once every 12 The term ‘‘small and medium manufactur-
evant Committee of Congress.
months. ers’’ means manufacturing firms—
‘‘(h) APPLICABILITY OF FEDERAL ADVISORY (A) classified in the North American Indus-
COMMITTEE ACT.—Except as otherwise pro- ‘‘(3) FACTORS FOR CONSIDERATION.—In se-
lecting eligible entities for technical assist- try Classification System as any of sectors
vided in this section, the Federal Advisory 31 through 33;
Committee Act (5 U.S.C. App.) shall apply to ance under the program, the Secretary
shall— (B) with gross annual sales of less than
the Committee.’’. $100,000,000;
(b) TECHNICAL AMENDMENT.—The table of ‘‘(A) give priority to—
‘‘(i) activities carried out with technical (C) with fewer than 500 employees at the
contents of the Energy Independence and Se- plant site; and
curity Act of 2007 (Public Law 110–140; 121 assistance under the program that have the
greatest potential for achieving emissions (D) with annual energy bills totaling more
Stat. 1494) (as amended by section 1603(b)) is than $100,000 and less than $2,500,000.
amended by inserting after the item relating reduction in nonpower industrial sectors;
‘‘(ii) activities carried out in a State in (7) SMART MANUFACTURING.—The term
to section 455 the following: ‘‘smart manufacturing’’ means advanced
which there are active or inactive industrial
‘‘Sec. 456. Industrial Technology Innovation technologies in information, automation,
facilities that may be used or retrofitted to
Advisory Committee.’’. monitoring, computation, sensing, modeling,
carry out activities under the focus areas de-
SEC. 1605. TECHNICAL ASSISTANCE PROGRAM TO
scribed in section 455(c); and artificial intelligence, analytics, and net-
IMPLEMENT INDUSTRIAL EMISSIONS working that—
REDUCTION. ‘‘(iii) activities carried out in an economi-
cally distressed area (as described in section (A) digitally—
(a) IN GENERAL.—The Energy Independence (i) simulate manufacturing production
301(a) of the Public Works and Economic De-
and Security Act of 2007 is amended by in- lines;
velopment Act of 1965 (42 U.S.C. 3161(a))); and
serting after section 456 (as added by section (ii) operate computer-controlled manufac-
‘‘(B) ensure that—
1604(a)) the following: turing equipment;
‘‘(i) there is geographic diversity among
‘‘SEC. 457. TECHNICAL ASSISTANCE PROGRAM TO
the eligible entities selected; and (iii) monitor and communicate production
IMPLEMENT INDUSTRIAL EMISSIONS line status; and
REDUCTION. ‘‘(ii) the activities carried out with tech-
nical assistance under the program reflect a (iv) manage and optimize energy produc-
‘‘(a) DEFINITIONS.—In this section: tivity and cost throughout production;
majority of the focus areas described in sec-
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible (B) model, simulate, and optimize the en-
tion 455(c).’’.
entity’ means— (b) TECHNICAL AMENDMENT.—The table of ergy efficiency of a factory building;
‘‘(A) a State; contents of the Energy Independence and Se- (C) monitor and optimize building energy
‘‘(B) a unit of local government; curity Act of 2007 (Public Law 110–140; 121 performance;
‘‘(C) a territory or possession of the United Stat. 1494) (as amended by section 1604(b)) is (D) model, simulate, and optimize the de-
States; amended by inserting after the item relating sign of energy efficient and sustainable prod-
‘‘(D) a relevant State or local office, in- to section 456 the following: ucts, including the use of digital prototyping
cluding an energy office; and additive manufacturing to enhance prod-
‘‘(E) a tribal organization (as defined in ‘‘Sec. 457. Technical assistance program to
uct design;
section 3765 of title 38, United States Code); implement industrial emissions
(E) connect manufactured products in net-
‘‘(F) an institution of higher education; reduction.’’.
works to monitor and optimize the perform-
and PART II—SMART MANUFACTURING ance of the networks, including automated
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‘‘(G) a private entity. SEC. 1611. DEFINITIONS. network operations; and
‘‘(2) EMISSIONS REDUCTION.—The term In this part: (F) digitally connect the supply chain net-
‘emissions reduction’ has the meaning given (1) ENERGY MANAGEMENT SYSTEM.—The work.
the term in section 455(a). term ‘‘energy management system’’ means a SEC. 1612. DEVELOPMENT OF NATIONAL SMART
‘‘(3) INSTITUTION OF HIGHER EDUCATION.— business management process based on MANUFACTURING PLAN.
The term ‘institution of higher education’ standards of the American National Stand- (a) IN GENERAL.—Not later than 3 years
has the meaning given the term in section ards Institute that enables an organization after the date of enactment of this Act, the
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S1386 CONGRESSIONAL RECORD — SENATE March 3, 2020
Secretary, in consultation with the National (A) focus on increasing access to the com- (1) to establish a consistent and consoli-
Academies, shall develop and complete a na- puting facilities of the National Labora- dated authority for the vehicle technology
tional plan for smart manufacturing tech- tories; and program at the Department;
nology development and deployment to im- (B) ensure that— (2) to develop United States technologies
prove the productivity and energy efficiency (i) the information from the manufacturer and practices that—
of the manufacturing sector of the United is protected; and (A) improve the fuel efficiency and emis-
States. (ii) the security of the National Labora- sions of all vehicles produced in the United
(b) CONTENT.— tory facility is maintained. States; and
(1) IN GENERAL.—The plan developed under (3) REPORT.—Not later than 1 year after (B) reduce vehicle reliance on petroleum-
subsection (a) shall identify areas in which the date of enactment of this Act, the Sec- based fuels;
agency actions by the Secretary and other retary shall submit to Congress a report de- (3) to support domestic research, develop-
heads of relevant Federal agencies would— scribing the results of the study. ment, engineering, demonstration, and com-
(A) facilitate quicker development, deploy- (b) ACTIONS FOR INCREASED ACCESS.—The mercial application and manufacturing of
ment, and adoption of smart manufacturing Secretary shall facilitate access to the Na- advanced vehicles, engines, and components;
technologies and processes; tional Laboratories studied under subsection (4) to enable vehicles to move larger vol-
(B) result in greater energy efficiency and (a) for small and medium manufacturers so umes of goods and more passengers with less
lower environmental impacts for all Amer- that small and medium manufacturers can energy and emissions;
ican manufacturers; and fully use the high-performance computing (5) to develop cost-effective advanced tech-
(C) enhance competitiveness and strength- resources of the National Laboratories to en- nologies for wide-scale utilization through-
en the manufacturing sectors of the United hance the manufacturing competitiveness of out the passenger, commercial, government,
States. the United States. and transit vehicle sectors;
(2) INCLUSIONS.—Agency actions identified SEC. 1615. STATE MANUFACTURING LEADERSHIP. (6) to allow for greater consumer choice of
under paragraph (1) shall include—
(a) FINANCIAL ASSISTANCE AUTHORIZED.— vehicle technologies and fuels;
(A) an assessment of previous and current
The Secretary may provide financial assist- (7) shorten technology development and in-
actions of the Department relating to smart
ance on a competitive basis to States for the tegration cycles in the vehicle industry;
manufacturing;
establishment of programs to be used as (8) to ensure a proper balance and diversity
(B) the establishment of voluntary inter-
models for supporting the implementation of of Federal investment in vehicle tech-
connection protocols and performance stand-
smart manufacturing technologies. nologies; and
ards;
(b) APPLICATIONS.— (9) to strengthen partnerships between
(C) the use of smart manufacturing to im-
(1) IN GENERAL.—To be eligible to receive Federal and State governmental agencies
prove energy efficiency and reduce emissions
financial assistance under this section, a and the private and academic sectors.
in supply chains across multiple companies;
State shall submit to the Secretary an appli- SEC. 1702. COORDINATION AND NONDUPLICA-
(D) actions to increase cybersecurity in
cation at such time, in such manner, and TION.
smart manufacturing infrastructure;
containing such information as the Sec- The Secretary shall ensure, to the max-
(E) deployment of existing research re-
retary may require. imum extent practicable, that the activities
sults;
(2) CRITERIA.—The Secretary shall evaluate authorized by this subtitle do not duplicate
(F) the leveraging of existing high-per-
an application for financial assistance under those of other programs within the Depart-
formance computing infrastructure; and
this section on the basis of merit using cri- ment or other relevant research agencies.
(G) consideration of the impact of smart
teria identified by the Secretary, including— SEC. 1703. AUTHORIZATION OF APPROPRIATIONS.
manufacturing on existing manufacturing
(A) technical merit, innovation, and im- There are authorized to be appropriated to
jobs and future manufacturing jobs.
pact; the Secretary for research, development, en-
(c) BIENNIAL REVISIONS.—Not later than 2
years after the date on which the Secretary (B) research approach, workplan, and gineering, demonstration, and commercial
completes the plan under subsection (a), and deliverables; application of vehicles and related tech-
not less frequently than once every 2 years (C) academic and private sector partners; nologies in the United States, including ac-
thereafter, the Secretary shall revise the and tivities authorized under this subtitle—
plan to account for advancements in infor- (D) alternate sources of funding. (1) for fiscal year 2021, $313,567,000;
mation and communication technology and (c) REQUIREMENTS.— (2) for fiscal year 2022, $326,109,000;
manufacturing needs. (1) TERM.—The term of an award of finan- (3) for fiscal year 2023, $339,154,000;
(d) REPORT.—Annually until the comple- cial assistance under this section shall not (4) for fiscal year 2024, $352,720,000; and
tion of the plan under subsection (a), the exceed 3 years. (5) for fiscal year 2025, $366,829,000.
Secretary shall submit to Congress a report (2) MAXIMUM AMOUNT.—The amount of an SEC. 1704. REPORTING.
on the progress made in developing the plan. award of financial assistance under this sec- (a) TECHNOLOGIES DEVELOPED.—Not later
(e) FUNDING.—The Secretary shall use un- tion shall be not more than $2,000,000. than 18 months after the date of enactment
obligated funds of the Department to carry (3) MATCHING REQUIREMENT.—Each State of this Act and annually thereafter through
out this section. that receives financial assistance under this 2025, the Secretary shall submit to Congress
SEC. 1613. LEVERAGING EXISTING AGENCY PRO- section shall contribute matching funds in a report regarding the technologies devel-
GRAMS TO ASSIST SMALL AND ME- an amount equal to not less than 30 percent
DIUM MANUFACTURERS.
oped as a result of the activities authorized
of the amount of the financial assistance. by this subtitle, with a particular emphasis
(a) EXPANSION OF TECHNICAL ASSISTANCE (d) USE OF FUNDS.—
PROGRAMS.—The Secretary shall expand the on whether the technologies were success-
(1) IN GENERAL.—A State may use financial
scope of technologies covered by the Indus- fully adopted for commercial applications,
assistance provided under this section—
trial Assessment Centers of the Depart- and if so, whether products relying on those
(A) to facilitate access to high-perform-
ment— technologies are manufactured in the United
ance computing resources for small and me-
(1) to include smart manufacturing tech- States.
dium manufacturers; and (b) ADDITIONAL MATTERS.—At the end of
nologies and practices; and (B) to provide assistance to small and me-
(2) to equip the directors of the Industrial each fiscal year through 2025, the Secretary
dium manufacturers to implement smart shall submit to the relevant Congressional
Assessment Centers with the training and manufacturing technologies and practices.
tools necessary to provide technical assist- committees of jurisdiction an annual report
(e) EVALUATION.—The Secretary shall con-
ance in smart manufacturing technologies describing activities undertaken in the pre-
duct semiannual evaluations of each award
and practices, including energy management vious year under this subtitle, active indus-
of financial assistance under this section—
systems, to manufacturers. try participants, the status of public-private
(1) to determine the impact and effective-
(b) FUNDING.—The Secretary shall use un- partnerships, progress of the program in
ness of programs funded with the financial
obligated funds of the Department to carry meeting goals and timelines, and a strategic
assistance; and
out this section. plan for funding of activities across agencies.
(2) to provide guidance to States on ways
SEC. 1614. LEVERAGING SMART MANUFACTURING SEC. 1705. VEHICLE RESEARCH AND DEVELOP-
to better execute the program of the State. MENT.
INFRASTRUCTURE AT NATIONAL (f) AUTHORIZATION.—There is authorized to
LABORATORIES. (a) PROGRAM.—
be appropriated to the Secretary to carry
(a) STUDY.— (1) ACTIVITIES.—The Secretary shall con-
out this section $10,000,000 for each of fiscal
(1) IN GENERAL.—Not later than 180 days duct a program of basic and applied research,
years 2021 through 2024.
after the date of enactment of this Act, the development, engineering, demonstration,
SEC. 1616. REPORT.
Secretary shall conduct a study on how the and commercial application activities on
dlhill on DSKBBY8HB2PROD with SENATE
The Secretary annually shall submit to
Department can increase access to existing materials, technologies, and processes with
Congress and make publicly available a re-
high-performance computing resources in the potential to substantially reduce or
port on the progress made in advancing
the National Laboratories, particularly for eliminate petroleum use and the emissions
smart manufacturing in the United States.
small and medium manufacturers. of the passenger and commercial vehicles of
(2) INCLUSIONS.—In identifying ways to in- Subtitle G—Vehicles the United States, including activities in the
crease access to National Laboratories under SEC. 1701. OBJECTIVES. areas of—
paragraph (1), the Secretary shall— The objectives of this subtitle are— (A) electrification of vehicle systems;
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March 3, 2020 CONGRESSIONAL RECORD — SENATE S1387
(B) batteries, ultracapacitors, and other (C) communication and connectivity (6) INTERGOVERNMENTAL COORDINATION.—
energy storage devices; among vehicles, infrastructure, and the elec- The Secretary shall seek opportunities to le-
(C) power electronics; trical grid; and verage resources and support initiatives of
(D) vehicle, component, and subsystem (D) other innovative technologies research State and local governments in developing
manufacturing technologies and processes; and development, as determined by the Sec- and promoting advanced vehicle tech-
(E) engine efficiency and combustion opti- retary. nologies, manufacturing, and infrastructure.
mization; (3) INDUSTRY PARTICIPATION.— (7) CRITERIA.—In awarding grants under
(F) waste heat recovery; (A) IN GENERAL.—To the maximum extent the program under this subsection, the Sec-
(G) transmission and drivetrains; practicable, activities under this subtitle retary shall give priority to those tech-
(H) hydrogen vehicle technologies, includ- shall be carried out in partnership or col- nologies (either individually or as part of a
ing fuel cells and internal combustion en- laboration with automotive manufacturers, system) that—
gines, and hydrogen infrastructure, includ- heavy commercial, vocational, and transit (A) provide the greatest aggregate fuel sav-
ing hydrogen energy storage to enable re- vehicle manufacturers, qualified plug-in ings based on the reasonable projected sales
newables and provide hydrogen for fuel and electric vehicle manufacturers, compressed volumes of the technology; and
power; natural gas vehicle manufacturers, vehicle (B) provide the greatest increase in United
(I) natural gas vehicle technologies; and engine equipment and component manu- States employment.
(J) aerodynamics, rolling resistance (in- facturers, manufacturing equipment manu- (8) SECONDARY USE APPLICATIONS.—
cluding tires and wheel assemblies), and ac- facturers, advanced vehicle service pro- (A) IN GENERAL.—The Secretary shall carry
cessory power loads of vehicles and associ- viders, fuel producers and energy suppliers, out a research, development, and demonstra-
ated equipment; electric utilities, universities, National Lab- tion program that—
(K) vehicle weight reduction, including oratories, and independent research labora- (i) builds on any work carried out under
tories. section 915 of the Energy Policy Act of 2005
lightweighting materials and the develop-
(B) REQUIREMENTS.—In carrying out this (42 U.S.C. 16195);
ment of manufacturing processes to fab-
subtitle, the Secretary shall— (ii) identifies possible uses of a vehicle bat-
ricate, assemble, and use dissimilar mate-
(i) determine whether a wide range of com- tery after the useful life of the battery in a
rials;
panies that manufacture or assemble vehi- vehicle has been exhausted;
(L) friction and wear reduction;
cles or components in the United States are (iii) conducts long-term testing to verify
(M) engine and component durability;
represented in ongoing public-private part- performance and degradation predictions and
(N) innovative propulsion systems;
nership activities, including firms that have lifetime valuations for secondary uses;
(O) advanced boosting systems;
not traditionally participated in federally (iv) evaluates innovative approaches to re-
(P) hydraulic hybrid technologies;
sponsored research and development activi- cycling materials from plug-in electric drive
(Q) engine compatibility with and optimi-
ties, and where possible, partner with such vehicles and the batteries used in plug-in
zation for a variety of transportation fuels electric drive vehicles;
including natural gas and other liquid and firms that conduct significant and relevant
research and development activities in the (v)(I) assesses the potential for markets for
gaseous fuels; uses described in clause (ii) to develop; and
(R) predictive engineering, modeling, and United States;
(ii) leverage the capabilities and resources (II) identifies any barriers to the develop-
simulation of vehicle and transportation sys- ment of those markets; and
tems; of, and formalize partnerships with, indus-
try-led stakeholder organizations, nonprofit (vi) identifies the potential uses of a vehi-
(S) refueling and charging infrastructure cle battery—
for alternative fueled and electric or plug-in organizations, industry consortia, and trade
associations with expertise in the research (I) with the most promise for market de-
electric hybrid vehicles, including the velopment; and
unique challenges facing rural areas; and development of, and education and out-
reach activities in, advanced automotive and (II) for which market development would
(T) gaseous fuels storage systems and sys- be aided by a demonstration project.
commercial vehicle technologies;
tem integration and optimization; (B) REPORT.—Not later than 1 year after
(iii) develop more effective processes for
(U) sensing, communications, and actu- the date of enactment of this Act, the Sec-
transferring research findings and tech-
ation technologies for vehicle, electrical retary shall submit to the appropriate com-
nologies to industry;
grid, and infrastructure; mittees of Congress an initial report on the
(iv) support public-private partnerships,
(V) efficient use, substitution, and recy- findings of the program described in subpara-
dedicated to overcoming barriers in commer-
cling of potentially critical materials in ve- graph (A), including recommendations for
cial application of transformational vehicle
hicles, including rare earth elements and stationary energy storage and other poten-
technologies, that use such industry-led
precious metals, at risk of supply disruption; tial applications for batteries used in plug-in
technology development facilities of entities
(W) aftertreatment technologies; electric drive vehicles.
with demonstrated expertise in successfully
(X) thermal management of battery sys- designing and engineering pre-commercial (C) SECONDARY USE DEMONSTRATION.—
tems; generations of such transformational tech- (i) IN GENERAL.—Based on the results of the
(Y) retrofitting advanced vehicle tech- nology; and program described in subparagraph (A), the
nologies to existing vehicles; (v) promote efforts to ensure that tech- Secretary shall develop guidelines for
(Z) development of common standards, nology research, development, engineering, projects that demonstrate the secondary
specifications, and architectures for both and commercial application activities funded uses and innovative recycling of vehicle bat-
transportation and stationary battery appli- under this subtitle are carried out in the teries.
cations; United States. (ii) PUBLICATION OF GUIDELINES.—Not later
(AA) advanced internal combustion en- (4) INTERAGENCY AND INTRAAGENCY COORDI- than 18 months after the date of enactment
gines; NATION.—To the maximum extent prac- of this Act, the Secretary shall—
(BB) mild hybrid; ticable, the Secretary shall coordinate re- (I) publish the guidelines described in
(CC) engine down speeding; search, development, demonstration, and clause (i); and
(DD) vehicle-to-vehicle, vehicle-to-pedes- commercial application activities among— (II) solicit applications for funding for
trian, and vehicle-to-infrastructure tech- (A) relevant programs within the Depart- demonstration projects.
nologies; and ment, including— (iii) PILOT DEMONSTRATION PROGRAM.—Not
(EE) other research areas as determined by (i) the Office of Energy Efficiency and Re- later than 21 months after the date of enact-
the Secretary. newable Energy; ment of this Act, the Secretary shall select
(2) TRANSFORMATIONAL TECHNOLOGY.—The (ii) the Office of Science; proposals for grant funding under this sub-
Secretary shall ensure that the Department (iii) the Office of Electricity Delivery and section, based on an assessment of which
continues to support research, development, Energy Reliability; proposals are mostly likely to contribute to
engineering, demonstration, and commercial (iv) the Office of Fossil Energy; the development of a secondary market for
application activities and maintains com- (v) the Advanced Research Projects Agen- batteries.
petency in mid- to long-term trans- cy—Energy; and (b) MANUFACTURING.—The Secretary shall
formational vehicle technologies with poten- (vi) other offices as determined by the Sec- carry out a research, development, engineer-
tial to achieve reductions in emissions, in- retary; and ing, demonstration, and commercial applica-
cluding activities in the areas of— (B) relevant technology research and de- tion program of advanced vehicle manufac-
(A) hydrogen vehicle technologies, includ- velopment programs within other Federal turing technologies and practices, including
ing fuel cells, hydrogen storage, infrastruc- agencies, as determined by the Secretary. innovative processes—
dlhill on DSKBBY8HB2PROD with SENATE
ture, and activities in hydrogen technology (5) FEDERAL DEMONSTRATION OF TECH- (1) to increase the production rate and de-
validation and safety codes and standards; NOLOGIES.—The Secretary shall make infor- crease the cost of advanced battery and fuel
(B) multiple battery chemistries and novel mation available to procurement programs cell manufacturing;
energy storage devices, including nonchem- of Federal agencies regarding the potential (2) to vary the capability of individual
ical batteries and electromechanical storage to demonstrate technologies resulting from manufacturing facilities to accommodate
technologies such as hydraulics, flywheels, activities funded through programs under different battery chemistries and configura-
and compressed air storage; this subtitle. tions;
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S1388 CONGRESSIONAL RECORD — SENATE March 3, 2020
(3) to reduce waste streams, emissions, and (b) APPLICANT TEAMS.—Applicant teams (4) establishing multiple scientific com-
energy intensity of vehicle, engine, advanced may be comprised of truck and trailer manu- puting user facilities to house and provision
battery, and component manufacturing proc- facturers, engine and component manufac- available data to foster transformational
esses; turers, fleet customers, university research- outcomes; and
(4) to recycle and remanufacture used bat- ers, and other applicants as appropriate for (5) driving the development of technology
teries and other vehicle components for the development and demonstration of inte- to improve artificial intelligence, high-per-
reuse in vehicles or stationary applications; grated Class 8 truck and trailer systems. formance computing, and networking rel-
(5) to develop manufacturing processes to SEC. 1708. TECHNOLOGY TESTING AND METRICS. evant to mission applications of the Depart-
effectively fabricate, assemble, and produce The Secretary, in coordination with the ment, including modeling, simulation, ma-
cost-effective lightweight materials such as partners of the interagency research pro- chine learning, and advanced data analytics.
advanced aluminum and other metal alloys, gram described in section 1706— (b) VETERANS HEALTH RESEARCH AND DE-
polymeric composites, and carbon fiber for VELOPMENT.—
(1) shall develop standard testing proce-
use in vehicles; (1) IN GENERAL.—The Secretary shall estab-
dures and technologies for evaluating the
(6) to produce lightweight high pressure lish and carry out a research program in ar-
performance of advanced heavy vehicle tech-
storage systems for gaseous fuels; tificial intelligence and high-performance
nologies under a range of representative
(7) to design and manufacture purpose- computing, focused on the development of
duty cycles and operating conditions, includ-
built hydrogen fuel cell vehicles and compo- tools to solve large-scale data analytics and
ing for heavy hybrid propulsion systems;
nents; management challenges associated with vet-
(2) shall evaluate heavy vehicle perform-
(8) to improve the calendar life and cycle eran’s healthcare, and to support the efforts
ance using work performance-based metrics
life of advanced batteries; and of the Department of Veterans Affairs to
other than those based on miles per gallon, identify potential health risks and chal-
(9) to produce permanent magnets for ad- including those based on units of volume and
vanced vehicles. lenges utilizing data on long-term
weight transported for freight applications, healthcare, health risks, and genomic data
SEC. 1706. MEDIUM- AND HEAVY-DUTY COMMER- and appropriate metrics based on the work
CIAL AND TRANSIT VEHICLES PRO- collected from veteran populations. The Sec-
GRAM.
performed by nonroad systems; and retary shall carry out this program through
(3) may construct heavy duty truck and a competitive, merit-reviewed process, and
The Secretary, in partnership with rel-
evant research and development programs in bus testing facilities. consider applications from National Labora-
other Federal agencies, and a range of appro- SEC. 1709. NONROAD SYSTEMS PILOT PROGRAM. tories, institutions of higher education,
priate industry stakeholders, shall carry out The Secretary shall undertake a pilot pro- multi-institutional collaborations, and other
a program of cooperative research, develop- gram of research, development, demonstra- appropriate entities.
ment, demonstration, and commercial appli- tion, and commercial applications of tech- (2) PROGRAM COMPONENTS.—In carrying out
cation activities on advanced technologies nologies to improve total machine or system the program established under paragraph (1),
for medium- to heavy-duty commercial, vo- efficiency for nonroad mobile equipment in- the Secretary may—
cational, recreational, and transit vehicles, cluding agricultural, construction, air, and (A) conduct basic research in modeling and
including activities in the areas of— sea port equipment, and shall seek opportu- simulation, machine learning, large-scale
(1) engine efficiency and combustion re- nities to transfer relevant research findings data analytics, and predictive analysis in
search; and technologies between the nonroad and order to develop novel or optimized algo-
(2) onboard storage technologies for com- on-highway equipment and vehicle sectors. rithms for prediction of disease treatment
pressed and liquefied natural gas; SEC. 1710. REPEAL OF EXISTING AUTHORITIES. and recovery;
(3) development and integration of engine (a) IN GENERAL.—Sections 706, 711, 712, and (B) develop methods to accommodate large
technologies designed for natural gas oper- 933 of the Energy Policy Act of 2005 (42 U.S.C. data sets with variable quality and scale,
ation of a variety of vehicle platforms; 16051, 16061, 16062, 16233) are repealed. and to provide insight and models for com-
(4) waste heat recovery and conversion; (b) ENERGY EFFICIENCY.—Section 911 of the plex systems;
(5) improved aerodynamics and tire rolling Energy Policy Act of 2005 (42 U.S.C. 16191) is (C) develop new approaches and maximize
resistance; amended— the use of algorithms developed through ar-
(6) energy and space-efficient emissions (1) in subsection (a)— tificial intelligence, machine learning, data
control systems; (A) in paragraph (1)(A), by striking ‘‘vehi- analytics, natural language processing, mod-
(7) mild hybrid, heavy hybrid, hybrid hy- cles, buildings,’’ and inserting ‘‘buildings’’; eling and simulation, and develop new algo-
draulic, plug-in hybrid, and electric plat- and rithms suitable for high-performance com-
forms, and energy storage technologies; (B) in paragraph (2)— puting systems and large biomedical data
(8) drivetrain optimization; (i) by striking subparagraph (A); and sets;
(9) friction and wear reduction; (ii) by redesignating subparagraphs (B) (D) advance existing and construct new
(10) engine idle and parasitic energy loss through (E) as subparagraphs (A) through data enclaves capable of securely storing
reduction; (D), respectively; and data sets provided by the Department of Vet-
(11) electrification of accessory loads; (2) in subsection (c)— erans Affairs, Department of Defense, and
(12) onboard sensing and communications (A) by striking paragraph (3); other sources; and
technologies; (B) by redesignating paragraph (4) as para- (E) promote collaboration and data sharing
(13) advanced lightweighting materials and graph (3); and between National Laboratories, research en-
vehicle designs; (C) in paragraph (3) (as so redesignated), by tities, and user facilities of the Department
(14) increasing load capacity per vehicle; striking ‘‘(a)(2)(D)’’ and inserting ‘‘(a)(2)(C)’’. by providing the necessary access and secure
(15) thermal management of battery sys- data transfer capabilities.
Subtitle H—Department of Energy (3) COORDINATION.—In carrying out the pro-
tems;
(16) recharging infrastructure; SEC. 1801. VETERANS’ HEALTH INITIATIVE. gram established under paragraph (1), the
(17) compressed natural gas infrastructure; (a) PURPOSES.—The purposes of this section Secretary is authorized—
(18) advanced internal combustion engines; are to advance Department expertise in arti- (A) to enter into memoranda of under-
(19) complete vehicle and power pack mod- ficial intelligence and high-performance standing in order to carry out reimbursable
eling, simulation, and testing; computing in order to improve health out- agreements with the Department of Veterans
(20) hydrogen vehicle technologies, includ- comes for veteran populations by— Affairs and other entities in order to maxi-
ing fuel cells and internal combustion en- (1) supporting basic research through the mize the effectiveness of Department re-
gines, and hydrogen infrastructure, includ- application of artificial intelligence, high- search and development to improve veterans’
ing hydrogen energy storage to enable re- performance computing, modeling and sim- healthcare;
newables and provide hydrogen for fuel and ulation, machine learning, and large-scale (B) to consult with the Department of Vet-
power; data analytics to identify and solve out- erans Affairs and other Federal agencies as
(21) retrofitting advanced technologies come-defined challenges in the health appropriate; and
onto existing truck fleets; sciences; (C) to ensure that data storage meets all
(22) advanced boosting systems; (2) maximizing the impact of the Depart- privacy and security requirements estab-
(23) engine down speeding; and ment of Veterans Affairs’ health and lished by the Department of Veterans Af-
(24) integration of these and other ad- genomics data housed at the National Lab- fairs, and that access to data is provided in
vanced systems onto a single truck and trail- oratories, as well as data from other sources, accordance with relevant Department of Vet-
er platform. on science, innovation, and health care out- erans Affairs data access policies, including
SEC. 1707. CLASS 8 TRUCK AND TRAILER SYS- comes through the use and advancement of informed consent.
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TEMS DEMONSTRATION. artificial intelligence and high-performance (4) REPORT.—Not later than 2 years after
(a) IN GENERAL.—The Secretary shall con- computing capabilities of the Department; the date of enactment of this Act, the Sec-
duct a competitive grant program to dem- (3) promoting collaborative research retary shall submit to the Committee on En-
onstrate the integration of multiple ad- through the establishment of partnerships to ergy and Natural Resources and the Com-
vanced technologies on Class 8 truck and improve data sharing between Federal agen- mittee on Veterans’ Affairs of the Senate,
trailer platforms, including a combination of cies, National Laboratories, institutions of and the Committee on Science, Space, and
technologies listed in section 1706. higher education, and nonprofit institutions; Technology and the Committee on Veterans’
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March 3, 2020 CONGRESSIONAL RECORD — SENATE S1389
Affairs of the House of Representatives, a re- SEC. 1803. APPALACHIAN ENERGY FOR NATIONAL (C) NEXUS OF ENERGY AND WATER SUSTAIN-
port detailing the effectiveness of— SECURITY. ABILITY OFFICE; NEWS OFFICE.—The term
(A) the interagency coordination between (a) STUDY ON BUILDING ETHANE AND OTHER ‘‘Nexus of Energy and Water Sustainability
each Federal agency involved in the research NATURAL-GAS-LIQUIDS-RELATED PETRO- Office’’ or the ‘‘NEWS Office’’ means an of-
program carried out under this subsection; CHEMICAL INFRASTRUCTURE.— fice located at the Department and managed
(B) collaborative research achievements of (1) IN GENERAL.—Not later than 1 year after in cooperation with the Department of the
the program; and the date of enactment of this Act, the Sec- Interior pursuant to an agreement between
(C) potential opportunities to expand the retary, in consultation with the Secretary of the 2 agencies to carry out leadership and
technical capabilities of the Department. Defense, the Secretary of the Treasury, and administrative functions for the Interagency
the heads of other relevant Federal depart-
(5) FUNDING.—There is authorized to be ap- Coordination Committee.
ments and agencies and stakeholders, shall
propriated to the Secretary of Veterans Af- (D) RD&D.—The term ‘‘RD&D’’ means re-
conduct a study assessing the potential na-
fairs to carry out this subsection $27,000,000 search, development, and demonstration.
tional and economic security impacts of
during the period of fiscal years 2021 through (2) INTERAGENCY COORDINATION COM-
building ethane and other natural-gas-liq-
2025. MITTEE.—
uids-related petrochemical infrastructure in
(c) INTERAGENCY COLLABORATION.— the geographical vicinity of the Marcellus, (A) ESTABLISHMENT.—Not later than 180
(1) IN GENERAL.—The Secretary is author- Utica, and Rogersville shale plays in the days after the date of enactment of this Act,
ized to carry out research, development, and United States. the Secretary and the Secretary of the Inte-
demonstration activities to develop tools to (2) CONTENTS.—The study conducted under rior shall establish the joint NEWS Office
apply to big data that enable Federal agen- paragraph (1) shall include— and Interagency Coordination Committee on
cies, institutions of higher education, non- (A) the identification of potential benefits the Nexus of Energy and Water for Sustain-
profit research organizations, and industry of the proposed infrastructure to national ability (or the ‘‘NEWS Committee’’) to carry
to better leverage the capabilities of the De- and economic security, including the identi- out the duties described in subparagraph (C).
partment to solve complex, big data chal- fication of potential risks to national and (B) ADMINISTRATION.—
lenges. The Secretary shall carry out these economic security of significant foreign own- (i) CHAIRS.—The Secretary and the Sec-
activities through a competitive, merit-re- ership and control of United States domestic retary of the Interior shall jointly manage
viewed process, and consider applications petrochemical resources; and the NEWS Office and serve as co-chairs of
from National Laboratories, institutions of (B) an examination of, with respect to the the Interagency Coordination Committee.
higher education, multi-institutional col- proposed infrastructure— (ii) MEMBERSHIP; STAFFING.—Membership
laborations, and other appropriate entities. (i) types of additional infrastructure need- and staffing shall be determined by the co-
(2) ACTIVITIES.—In carrying out the re- ed to fully optimize the potential national chairs.
search, development, and demonstration ac- security benefits; (C) DUTIES.—The Interagency Coordination
tivities authorized under paragraph (1), the (ii) whether geopolitical diversity in areas Committee shall—
Secretary may— to which the ethane and other natural gas (i) serve as a forum for developing common
(A) utilize all available mechanisms to pre- liquids will be exported from the producing Federal goals and plans on energy-water
vent duplication and coordinate research ef- region would undermine or bolster national nexus RD&D activities in coordination with
forts across the Department; security; the National Science and Technology Coun-
(B) establish multiple user facilities to (iii) the necessity of evaluating the public cil;
serve as data enclaves capable of securely interest with respect to exports of ethane, (ii) not later than 1 year after the date of
storing data sets created by Federal agen- propane, butane, and other natural gas liq- enactment of this Act, and biennially there-
cies, institutions of higher education, non- uids, to ensure the potential strategic na- after, issue a strategic plan on energy-water
profit organizations, or industry at National tional and economic security benefits are nexus RD&D activities priorities and objec-
Laboratories; and preserved within the United States; and tives;
(C) promote collaboration and data sharing (iv) the potential benefits, with respect to (iii) convene and promote coordination of
between National Laboratories, research en- significant weather impacts, compared to the activities of Federal departments and
tities, and user facilities of the Department other regions, of locating the proposed infra- agencies on energy-water nexus RD&D ac-
by providing the necessary access and secure structure in the geographical vicinity of the tivities, including the activities of—
data transfer capabilities. Marcellus, Utica, and Rogersville shale (I) the Department;
(3) REPORT.—Not later than 2 years after plays. (II) the Department of the Interior;
the date of enactment of this Act, the Sec- (b) REPORTS.— (III) the Corps of Engineers;
retary shall submit to the Committee on En- (1) STATUS REPORTS.—Prior to completion (IV) the Department of Agriculture;
ergy and Natural Resources of the Senate of the study under subsection (a), the Com- (V) the Department of Defense;
and the Committee on Science, Space, and mittees on Energy and Natural Resources (VI) the Department of State;
Technology of the House of Representatives and Armed Services of the Senate and the (VII) the Environmental Protection Agen-
a report evaluating the effectiveness of the Committees on Energy and Commerce and cy;
activities authorized under paragraph (1). Armed Services of the House of Representa- (VIII) the Council on Environmental Qual-
(4) FUNDING.—There are authorized to be tives, from time to time, may request and re- ity;
appropriated to the Secretary to carry out ceive from the Secretary status reports with (IX) the National Institute of Standards
this subsection $15,000,000 for each of fiscal respect to the study, including any findings. and Technology;
years 2021 through 2025. (2) SUBMISSION AND PUBLICATION OF RE- (X) the National Oceanic and Atmospheric
PORT.—On completion of the study under Administration;
SEC. 1802. SMALL SCALE LNG ACCESS. subsection (a), the Secretary shall— (XI) the National Science Foundation;
Section 3 of the Natural Gas Act (15 U.S.C. (A) submit to the Committees on Energy (XII) the Office of Management and Budg-
717b) is amended by striking subsection (c) and Natural Resources and Armed Services et;
of the Senate and the Committees on Energy (XIII) the Office of Science and Technology
and inserting the following:
and Commerce and Armed Services of the Policy;
‘‘(c) EXPEDITED APPLICATION AND APPROVAL House of Representatives a report describing (XIV) the National Aeronautics and Space
PROCESS.— the results of the study; and Administration; and
‘‘(1) IN GENERAL.—For purposes of sub- (B) publish the report on the website of the (XV) such other Federal departments and
section (a), the following shall be deemed to Department. agencies as the Interagency Coordination
be consistent with the public interest, and SEC. 1804. ENERGY AND WATER FOR SUSTAIN- Committee considers appropriate;
applications for such importation or expor- ABILITY. (iv)(I) coordinate and develop capabilities
tation shall be granted without modification (a) NEXUS OF ENERGY AND WATER FOR SUS- and methodologies for data collection, man-
or delay: TAINABILITY.— agement, and dissemination of information
‘‘(A) The importation of the natural gas re- (1) DEFINITIONS.—In this subsection: related to energy-water nexus RD&D activi-
ferred to in subsection (b). (A) ENERGY-WATER NEXUS.—The term ‘‘en- ties from and to other Federal departments
‘‘(B) Subject to the last sentence of sub- ergy-water nexus’’ means the links be- and agencies; and
section (a), the exportation of natural gas in tween— (II) promote information exchange between
a volume up to and including 51,750,000,000 (i) the water needed to produce fuels, elec- Federal departments and agencies—
cubic feet per year. tricity, and other forms of energy; and (aa) to identify and document Federal and
‘‘(C) The exportation of natural gas to a (ii) the energy needed to transport, re- non-Federal programs and funding opportu-
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nation with which there is in effect a free claim, and treat water and wastewater. nities that support basic and applied RD&D
trade agreement requiring national treat- (B) INTERAGENCY COORDINATION COM- proposals to advance energy-water nexus re-
ment for trade in natural gas. MITTEE.—The term ‘‘Interagency Coordina- lated science and technologies;
‘‘(2) EXCLUSION.—Subparagraphs (B) and tion Committee’’ means the Committee on (bb) to leverage existing programs by en-
(C) of paragraph (1) shall not apply to any the Nexus of Energy and Water for Sustain- couraging joint solicitations, block grants,
nation subject to sanctions imposed by the ability (or the ‘‘NEWS Committee’’) estab- and matching programs with non-Federal en-
United States.’’. lished under paragraph (2)(A). tities; and
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S1390 CONGRESSIONAL RECORD — SENATE March 3, 2020
(cc) to identify opportunities for domestic water considerations into energy research, ‘‘(v) whether the technology can be de-
and international public-private partner- development, and demonstration programs ployed in a variety of geographic regions and
ships, innovative financing mechanisms, and and projects of the Department by— the degree to which the technology can be
information and data exchange; (1) advancing energy and energy efficiency implemented in a wide range of applications
(v) promote the integration of energy- technologies and practices that meet the ob- ranging in scale from small towns to large
water nexus considerations into existing jectives of— cities, including tribal communities;
Federal water, energy, and other natural re- (A) minimizing freshwater withdrawal and ‘‘(vi) whether the technology has been suc-
source, infrastructure, and science programs consumption; cessfully deployed elsewhere;
at the national and regional levels and with (B) increasing water use efficiency; and ‘‘(vii) whether the technology was sourced
programs administered in partnership with (C) utilizing nontraditional water sources; from a manufacturer based in the United
non-Federal entities; and (2) considering the effects climate varia- States; and
(vi) not later than 1 year after the date of bility may have on water supplies and qual- ‘‘(viii) whether the project will be com-
enactment of this Act, issue a report on the ity for energy generation and fuel produc- pleted in 5 years or less.
potential benefits and feasibility of estab- tion; and ‘‘(C) APPLICATIONS.—
lishing an energy-water center of excellence (3) improving understanding of the energy- ‘‘(i) IN GENERAL.—Subject to clause (ii), an
within the National Laboratories. water nexus (as defined in subsection (a)(1)). eligible entity seeking a grant under the
(D) NO REGULATION.—Nothing in this para- (c) SMART ENERGY AND WATER EFFICIENCY pilot program shall submit to the Secretary
graph grants to the Interagency Coordina- PILOT PROGRAM.— an application at such time, in such manner,
tion Committee the authority to promulgate (1) IN GENERAL.—Subtitle A of title IX of and containing such information as the Sec-
regulations or set standards. the Energy Policy Act of 2005 (42 U.S.C. 16191 retary determines to be necessary.
(E) ADDITIONAL PARTICIPATION.—In devel- et seq.) is amended by adding at the end the ‘‘(ii) CONTENTS.—An application under
oping the strategic plan described in sub- following: clause (i) shall, at a minimum, include—
paragraph (C)(ii), the Secretary shall consult ‘‘(I) a description of the project;
‘‘SEC. 918. SMART ENERGY AND WATER EFFI-
and coordinate with a diverse group of rep- CIENCY PILOT PROGRAM. ‘‘(II) a description of the technology to be
resentatives from research and academic in- used in the project;
‘‘(a) DEFINITIONS.—In this section:
stitutions, industry, public utility commis- ‘‘(III) the anticipated results, including en-
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible
sions, and State and local governments that ergy and water savings, of the project;
entity’ means—
have expertise in technologies and practices ‘‘(IV) a comprehensive budget for the
relating to the energy-water nexus. ‘‘(A) a utility; project;
(F) REVIEW; REPORT.—At the end of the 5- ‘‘(B) a municipality; ‘‘(V) the names of the project lead organi-
year period beginning on the date on which ‘‘(C) a water district; zation and any partners;
the Interagency Coordination Committee ‘‘(D) an Indian tribe or Alaska Native vil- ‘‘(VI) the number of users to be served by
and NEWS Office are established, the NEWS lage; and the project;
Office shall— ‘‘(E) any other authority that provides ‘‘(VII) a description of the ways in which
(i) review the activities, relevance, and ef- water, wastewater, or water reuse services. the proposal would meet performance meas-
fectiveness of the Interagency Coordination ‘‘(2) SMART ENERGY AND WATER EFFICIENCY ures established by the Secretary; and
Committee; and PILOT PROGRAM.—The term ‘smart energy ‘‘(VIII) any other information that the
(ii) submit to the Committee on Energy and water efficiency pilot program’ or ‘pilot Secretary determines to be necessary to
and Natural Resources of the Senate and the program’ means the pilot program estab- complete the review and selection of a grant
Committees on Science, Space, and Tech- lished under subsection (b). recipient.
nology, Energy and Commerce, and Natural ‘‘(b) SMART ENERGY AND WATER EFFICIENCY ‘‘(4) ADMINISTRATION.—
Resources of the House of Representatives a PILOT PROGRAM.— ‘‘(A) IN GENERAL.—Not later than 1 year
report that— ‘‘(1) IN GENERAL.—The Secretary shall es- after the date of enactment of this section,
(I) describes the results of the review con- tablish and carry out a smart energy and the Secretary shall select grant recipients
ducted under clause (i); and water efficiency pilot program in accordance under this section.
(II) includes a recommendation on whether with this section. ‘‘(B) EVALUATIONS.—
the Interagency Coordination Committee ‘‘(2) PURPOSE.—The purpose of the smart ‘‘(i) ANNUAL EVALUATIONS.—The Secretary
should continue. energy and water efficiency pilot program is shall annually carry out an evaluation of
(3) CROSSCUT BUDGET.—Not later than 30 to award grants to eligible entities to dem- each project for which a grant is provided
days after the President submits the budget onstrate unique, advanced, or innovative under this section that meets performance
of the United States Government under sec- technology-based solutions that will— measures and benchmarks developed by the
tion 1105 of title 31, United States Code, the ‘‘(A) improve the net energy balance of Secretary, consistent with the purposes of
co-chairs of the Interagency Coordination water, wastewater, and water reuse systems; this section.
Committee (acting through the NEWS Of- ‘‘(B) improve the net energy balance of ‘‘(ii) REQUIREMENTS.—Consistent with the
fice) shall submit to the Committee on En- water, wastewater, and water reuse systems performance measures and benchmarks de-
ergy and Natural Resources of the Senate to help communities across the United veloped under clause (i), in carrying out an
and the Committees on Science, Space, and States make measurable progress in con- evaluation under that clause, the Secretary
Technology, Energy and Commerce, and Nat- serving water, saving energy, and reducing shall—
ural Resources of the House of Representa- costs; ‘‘(I) evaluate the progress and impact of
tives, an interagency budget crosscut report ‘‘(C) support the implementation of inno- the project; and
that displays at the program-, project-, and vative and unique processes and the installa- ‘‘(II) assesses the degree to which the
activity-level for each of the Federal agen- tion of established advanced automated sys- project is meeting the goals of the pilot pro-
cies that carry out or support (including tems that provide real-time data on energy gram.
through grants, contracts, interagency and and water; and ‘‘(C) TECHNICAL AND POLICY ASSISTANCE.—
intraagency transfers, and multiyear and no- ‘‘(D) improve energy-water conservation On the request of a grant recipient, the Sec-
year funds) basic and applied RD&D activi- and quality and predictive maintenance retary shall provide technical and policy as-
ties to advance the energy-water nexus re- through technologies that utilize internet sistance.
lated science and technologies— connected technologies, including sensors, ‘‘(D) BEST PRACTICES.—The Secretary shall
(A) the budget proposed in the budget re- intelligent gateways, and security embedded make available to the public through the
quest of the President for the upcoming fis- in hardware. Internet and other means the Secretary con-
cal year; ‘‘(3) PROJECT SELECTION.— siders to be appropriate—
(B) expenditures and obligations for the ‘‘(A) IN GENERAL.—The Secretary shall ‘‘(i) a copy of each evaluation carried out
prior fiscal year; and make competitive, merit-reviewed grants under subparagraph (B); and
(C) estimated expenditures and obligations under the pilot program to not less than 3, ‘‘(ii) a description of any best practices
for the current fiscal year. but not more than 5, eligible entities. identified by the Secretary as a result of
(4) TERMINATION.— ‘‘(B) SELECTION CRITERIA.—In selecting an those evaluations.
(A) IN GENERAL.—The authority provided eligible entity to receive a grant under the ‘‘(E) REPORT TO CONGRESS.—The Secretary
to the NEWS Office and NEWS Committee pilot program, the Secretary shall consider— shall submit to Congress a report containing
under this subsection shall terminate on the ‘‘(i) energy and cost savings; the results of each evaluation carried out
date that is 7 years after the date of enact- ‘‘(ii) the uniqueness, commercial viability, under subparagraph (B).
ment of this Act. and reliability of the technology to be used; ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—
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(B) EFFECT.—The termination of authority ‘‘(iii) the degree to which the project inte- There is authorized to be appropriated to the
under subparagraph (A) shall not affect on- grates next-generation sensors software, Secretary to carry out this section
going interagency planning, coordination, or analytics, and management tools; $15,000,000, to remain available until ex-
other activities relating to the energy-water ‘‘(iv) the anticipated cost-effectiveness of pended.’’.
nexus. the pilot project through measurable energy (2) CONFORMING AMENDMENT.—The table of
(b) INTEGRATING ENERGY AND WATER RE- savings, water savings or reuse, and infra- contents of the Energy Policy Act of 2005
SEARCH.—The Secretary shall integrate structure costs averted; (Public Law 109–58; 119 Stat. 594) is amended
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March 3, 2020 CONGRESSIONAL RECORD — SENATE S1391
by inserting after the item relating to sec- (5) in subsection (f) (as so redesignated), by and loan loss reserves, for eligible projects;
tion 917 the following: striking ‘‘subsection (e)’’ and inserting ‘‘sub- and
‘‘Sec. 918. Smart energy and water efficiency section (c)’’. ‘‘(ii) to create liquid markets for eligible
pilot program.’’. (b) REVIEW OF APPLIED ENERGY PRO- projects, including warehousing and
GRAMS.— securitization, or take other steps to reduce
SEC. 1805. TECHNOLOGY TRANSITIONS.
(1) IN GENERAL.—Not later than 1 year after financial barriers to the deployment of exist-
(a) OFFICE OF TECHNOLOGY TRANSITIONS.—
the date of enactment of this Act, the Sec- ing and new eligible projects.
Section 1001 of the Energy Policy Act of 2005
retary shall conduct a review of all applied ‘‘(B) INCLUSION.—The term ‘State energy
(42 U.S.C. 16391) is amended—
energy research and development programs financing institution’ includes an entity or
(1) by striking subsection (a) and all that
under the Department that focus on re- organization established to achieve the pur-
follows through ‘‘The Coordinator’’ in sub-
searching and developing technologies that poses described in clauses (i) and (ii) of sub-
section (b) and inserting the following:
reduce emissions. paragraph (A) by an Indian Tribal entity or
‘‘(a) OFFICE OF TECHNOLOGY TRANSITIONS.—
(2) REQUIREMENTS.—In conducting the re- an Alaska Native Corporation.’’.
‘‘(1) ESTABLISHMENT.—There is established
view under paragraph (1), the Secretary (b) TERMS AND CONDITIONS.—Section 1702 of
within the Department an Office of Tech-
shall— the Energy Policy Act of 2005 (42 U.S.C.
nology Transitions (referred to in this sec-
(A) identify each program described in that 16512) is amended—
tion as the ‘Office’).
paragraph the mission of which is to re- (1) in subsection (a), by inserting ‘‘, includ-
‘‘(2) MISSION.—The mission of the Office search and develop technologies that reduce ing projects receiving financial support or
shall be— emissions; credit enhancements from a State energy fi-
‘‘(A) to expand the commercial impact of (B) determine the type of services provided nancing institution,’’ after ‘‘for projects’’;
the research investments of the Department; by each program identified under subpara- (2) in subsection (d)(1), by inserting ‘‘, in-
and graph (A), such as grants and technical as- cluding a guarantee for a project receiving
‘‘(B) to focus on commercializing tech- sistance; financial support or credit enhancements
nologies that reduce greenhouse gas emis- (C) determine whether there are written from a State energy financing institution,’’
sions and technologies that support other program goals for each program identified after ‘‘No guarantee’’; and
missions of the Department. under subparagraph (A); (3) by adding at the end the following:
‘‘(3) GOALS.— (D) examine the extent to which the pro- ‘‘(l) STATE ENERGY FINANCING INSTITU-
‘‘(A) IN GENERAL.—In carrying out the mis- grams identified under subparagraph (A) TIONS.—
sion and activities of the Office, the Chief overlap or are duplicative; and ‘‘(1) ELIGIBILITY.—To be eligible for a guar-
Commercialization Officer appointed under (E) develop recommendations— antee under this title, a project receiving fi-
paragraph (4) shall, with respect to commer- (i) as to how any overlapping or duplica- nancial support or credit enhancements from
cialization activities, meet not less than two tive programs identified under subparagraph a State energy financing institution—
of the goals described in subparagraph (B) (D) should be restructured or consolidated, ‘‘(A) shall meet the requirements of sec-
and, to the maximum extent practicable, including by any necessary legislation; tion 1703(a)(1); and
meet all of the goals described in that sub- (ii) as to how to identify technologies de- ‘‘(B) shall not be required to meet the re-
paragraph. scribed in subparagraph (A) that— quirements of section 1703(a)(2).
‘‘(B) GOALS DESCRIBED.—The goals referred (I) are not served by a single program of- ‘‘(2) PARTNERSHIPS AUTHORIZED.—In car-
to in subparagraph (A) are the following: fice at the Department; or rying out a project receiving a loan guar-
‘‘(i) Reduction of greenhouse gas emis- (II) the research and development of which antee under this title, State energy financ-
sions. may require collaboration with other Fed- ing institutions may enter into partnerships
‘‘(ii) Ensuring economic competitiveness. eral agencies; and with private entities, Tribal entities, and
‘‘(iii) Enhancement of domestic energy se- (iii) for methods to improve the programs Alaska Native corporations.
curity and national security. identified under subparagraph (A), including ‘‘(3) PROHIBITION ON USE OF APPROPRIATED
‘‘(iv) Enhancement of domestic jobs. by establishing program goals, assessing FUNDS.—Amounts appropriated to the De-
‘‘(v) Any other missions of the Depart- workforce considerations and technical partment before the date of enactment of
ment, as determined by the Secretary. skills, or increasing collaboration with other this subsection shall not be available to be
‘‘(4) CHIEF COMMERCIALIZATION OFFICER.— Federal agencies and stakeholders (including used for the cost of loan guarantees made to
‘‘(A) IN GENERAL.—The Office shall be head- private industry). State energy financing institutions under
ed by an officer, who shall be known as the (3) REPORT.—Not later than 60 days after this subsection.’’.
‘Chief Commercialization Officer’, and who the Secretary completes the review under SEC. 1808. ARPA–E REAUTHORIZATION.
shall report directly to, and be appointed by, paragraph (1), the Secretary shall submit to (a) GOALS.—Section 5012(c) of the America
the Secretary. the Committee on Energy and Natural Re- COMPETES Act (42 U.S.C. 16538(c)) is amend-
‘‘(B) PRINCIPAL ADVISOR.—The Chief Com- sources of the Senate and the Committees on ed—
mercialization Officer shall be the principal Science, Space, and Technology and Energy (1) in paragraph (1), by striking subpara-
advisor to the Secretary on all matters re- and Commerce of the House of Representa- graph (A) and inserting the following:
lating to technology transfer and commer- tives a report describing the results of and ‘‘(A) to enhance the economic and energy
cialization. the recommendations developed under the security of the United States through the de-
‘‘(C) QUALIFICATIONS.—The Chief Commer- review. velopment of energy technologies that—
cialization Officer’’; SEC. 1806. ENERGY TECHNOLOGY COMMER- ‘‘(i) reduce imports of energy from foreign
(2) in subsection (c)— CIALIZATION FUND COST-SHARING. sources;
(A) in paragraph (1), by striking ‘‘sub- Section 1001 of the Energy Policy Act of ‘‘(ii) reduce energy-related emissions, in-
section (d)’’ and inserting ‘‘subsection (b)’’; 2005 (42 U.S.C. 16391) is amended in sub- cluding greenhouse gases;
(B) by redesignating paragraphs (1) section (c) (as redesignated by section ‘‘(iii) improve the energy efficiency of all
through (4) as clauses (i) through (iv), respec- 1805(a)(4))— economic sectors; and
tively, and indenting appropriately; and (1) in the subsection heading, by inserting ‘‘(iv) improve the resilience, reliability,
(C) by striking the subsection designation ‘‘ENERGY’’ before ‘‘TECHNOLOGY’’; and and security of infrastructure to produce, de-
and heading and all that follows through (2) by striking ‘‘matching funds with pri- liver, and store energy; and’’; and
‘‘The Coordinator’’ in the matter preceding vate partners’’ and inserting ‘‘, in accord- (2) in paragraph (2), in the matter pre-
clause (i) (as so redesignated) and inserting ance with the cost-sharing requirements ceding subparagraph (A), by striking ‘‘en-
the following: under section 988, funds to private partners, ergy’’ and inserting ‘‘advanced’’.
‘‘(D) DUTIES.—The Chief Commercializa- including National Laboratories,’’. (b) RESPONSIBILITIES.—Section 5012(e)(3)(A)
tion Officer’’; SEC. 1807. STATE LOAN ELIGIBILITY. of the America COMPETES Act (42 U.S.C.
(3) by adding at the end of subsection (a) (a) DEFINITIONS.—Section 1701 of the En- 16538(e)(3)(A)) is amended by striking ‘‘en-
(as amended by paragraph (2)(C)) the fol- ergy Policy Act of 2005 (42 U.S.C. 16511) is ergy’’.
lowing: amended by adding at the end the following: (c) AWARDS.—Section 5012(f) of the America
‘‘(5) COORDINATION.—In carrying out the ‘‘(6) STATE.—The term ‘State’ has the COMPETES Act (42 U.S.C. 16538(f)) is amend-
mission and activities of the Office, the Chief meaning given the term in section 202 of the ed—
Commercialization Officer shall coordinate Energy Conservation and Production Act (42 (1) by striking ‘‘In carrying’’ and inserting
with the senior leadership of the Depart- U.S.C. 6802). the following:
ment, other relevant program offices of the ‘‘(7) STATE ENERGY FINANCING INSTITU- ‘‘(1) IN GENERAL.—In carrying’’; and
Department, National Laboratories, the TION.— (2) by adding at the end the following:
dlhill on DSKBBY8HB2PROD with SENATE
Technology Transfer Working Group estab- ‘‘(A) IN GENERAL.—The term ‘State energy ‘‘(2) CONSIDERATION OF PRIOR GRANTS.—In
lished under subsection (b), the Technology financing institution’ means a quasi-inde- awarding a grant under paragraph (1), the
Transfer Policy Board, and other stake- pendent entity or an entity within a State Director shall take into account the satisfac-
holders (including private industry).’’; agency or financing authority established by tory completion of any project carried out
(4) by redesignating subsections (d) a State— by the entity applying for the grant using
through (h) as subsections (b) through (f), re- ‘‘(i) to provide financing support or credit any prior grant funds awarded to that entity
spectively; and enhancements, including loan guarantees by the Director.’’.
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S1392 CONGRESSIONAL RECORD — SENATE March 3, 2020
(d) REPORTS AND ROADMAPS.—Section (b) BIPARTISAN BUDGET ACT OF 2018.—Sec- ‘‘(10) bolster international cooperation
5012(h) of the America COMPETES Act (42 tion 30204(a)(1) of the Bipartisan Budget Act through technology transfer, information
U.S.C. 16538(h)) is amended— of 2018 (42 U.S.C. 6241 note; Public Law 115– sharing, and other means;
(1) in paragraph (1)— 123) is amended— ‘‘(11) promote the efficient production, use,
(A) by striking ‘‘describing projects’’ and (1) in subparagraph (B), by striking ‘‘2026’’ and recycling of critical minerals;
inserting the following: ‘‘describing— and inserting ‘‘2029’’; and ‘‘(12) develop alternatives to critical min-
‘‘(A) projects’’; (2) in subparagraph (C), by striking ‘‘2027’’ erals; and
(B) in subparagraph (A) (as so designated), and inserting ‘‘2030’’. ‘‘(13) establish contingencies for the pro-
by striking the period at the end and insert- (c) RECONCILIATION ON THE BUDGET FOR duction of, or access to, critical minerals for
ing ‘‘, including projects that examine topics 2018.—Section 20003(a)(1) of Public Law 115–97 which viable sources do not exist within the
and technologies closely relating to other (42 U.S.C. 6241 note) is amended by striking United States.’’.
activities funded by the Department;’’ and ‘‘2026 through 2027’’ and inserting ‘‘2029 (2) CONFORMING AMENDMENT.—Section 2(b)
(C) by adding at the end the following: through 2030.’’. of the National Materials and Minerals Pol-
‘‘(B) an analysis of whether the Director is TITLE II—SUPPLY CHAIN SECURITY icy, Research and Development Act of 1980
in compliance with subsection (i)(1)(A) in Subtitle A—Mineral Security (30 U.S.C. 1601(b)) is amended by striking ‘‘(b)
supporting projects that examine the topics SEC. 2101. MINERAL SECURITY. As used in this Act, the term’’ and inserting
and technologies described in subparagraph (a) DEFINITIONS.—In this section: the following:
(A); and (1) BYPRODUCT.—The term ‘‘byproduct’’ ‘‘(b) DEFINITIONS.—In this Act:
‘‘(C) current, proposed, and planned ‘‘(1) CRITICAL MINERAL.—The term ‘critical
means a critical mineral—
projects to be carried out pursuant to sub- mineral’ means any mineral, element, sub-
(A) the recovery of which depends on the
section (e)(3)(D).’’; and stance, or material designated as critical by
production of a host mineral that is not des-
(2) in paragraph (2)— the Secretary under section 2101(c) of the
ignated as a critical mineral; and
(A) by striking ‘‘October 1, 2010, and Octo- American Energy Innovation Act of 2020.
(B) that exists in sufficient quantities to
ber 1, 2013’’ and inserting ‘‘October 1, 2021, ‘‘(2) MATERIALS.—The term’’.
be recovered during processing or refining.
and every 4 years thereafter’’; and (c) CRITICAL MINERAL DESIGNATIONS.—
(2) CRITICAL MINERAL.—
(1) DRAFT METHODOLOGY AND LIST.—The
(B) by striking ‘‘3’’ and inserting ‘‘4’’. (A) IN GENERAL.—The term ‘‘critical min-
(e) COORDINATION AND NONDUPLICATION.— Secretary, acting through the Director of
eral’’ means any mineral, element, sub-
Section 5012(i)(1) of the America COMPETES the United States Geological Survey (re-
stance, or material designated as critical by
Act (42 U.S.C. 16538(i)(1)) is amended— ferred to in this subsection as the ‘‘Sec-
the Secretary under subsection (c).
(1) by striking ‘‘that the activities’’ and in- retary’’), shall publish in the Federal Reg-
(B) EXCLUSIONS.—The term ‘‘critical min-
serting the following: ‘‘that— ister for public comment—
eral’’ does not include—
‘‘(A) the activities’’; (A) a description of the draft methodology
(i) fuel minerals, including oil, natural gas,
(2) in subparagraph (A) (as so designated), used to identify a draft list of critical min-
or any other fossil fuels; or
by striking the period at the end and insert- erals;
(ii) water, ice, or snow.
ing ‘‘; and’’; and (B) a draft list of minerals, elements, sub-
(3) INDIAN TRIBE.—The term ‘‘Indian tribe’’
(3) by adding at the end the following: stances, and materials that qualify as crit-
has the meaning given the term in section 4
‘‘(B) an award is not provided for a project ical minerals; and
of the Indian Self-Determination and Edu-
(C) a draft list of critical minerals recov-
unless the prospective award recipient dem- cation Assistance Act (25 U.S.C. 5304).
ered as byproducts.
onstrates that— (4) SECRETARY.—The term ‘‘Secretary’’
(2) AVAILABILITY OF DATA.—If available
‘‘(i) the prospective award recipient has means the Secretary of the Interior.
data is insufficient to provide a quantitative
made a sufficient attempt to secure private (5) STATE.—The term ‘‘State’’ means—
basis for the methodology developed under
financing, as determined by the Director; or (A) a State;
this subsection, qualitative evidence may be
‘‘(ii) the project is not independently com- (B) the District of Columbia;
used to the extent necessary.
mercially viable.’’. (C) the Commonwealth of Puerto Rico;
(f) EVALUATION.—Section 5012(l) of the (3) FINAL METHODOLOGY AND LIST.—After
(D) Guam;
America COMPETES Act (42 U.S.C. 16538(l)) reviewing public comments on the draft
(E) American Samoa;
is amended— methodology and the draft lists published
(F) the Commonwealth of the Northern
(1) in paragraph (1), by striking ‘‘After’’ under paragraph (1) and updating the meth-
Mariana Islands; and
and all that follows through ‘‘years’’ and in- odology and lists as appropriate, not later
(G) the United States Virgin Islands.
serting ‘‘Not later than 3 years after the date (b) POLICY.— than 45 days after the date on which the pub-
of enactment of the American Energy Inno- (1) IN GENERAL.—Section 3 of the National lic comment period with respect to the draft
vation Act of 2020’’; and Materials and Minerals Policy, Research and methodology and draft lists closes, the Sec-
(2) in paragraph (2)— Development Act of 1980 (30 U.S.C. 1602) is retary shall publish in the Federal Reg-
(A) in the matter preceding subparagraph amended in the second sentence— ister—
(A), by striking ‘‘shall’’ and inserting (A) by striking paragraph (3) and inserting (A) a description of the final methodology
‘‘may’’; and the following: for determining which minerals, elements,
(B) in subparagraph (A), by striking ‘‘the ‘‘(3) establish an analytical and forecasting substances, and materials qualify as critical
recommendation of the National Academy of capability for identifying critical mineral minerals;
Sciences’’ and inserting ‘‘a recommenda- demand, supply, and other factors to allow (B) the final list of critical minerals; and
tion’’. informed actions to be taken to avoid supply (C) the final list of critical minerals recov-
(g) AUTHORIZATION OF APPROPRIATIONS.— shortages, mitigate price volatility, and pre- ered as byproducts.
Section 5012(o)(2) of the America COMPETES pare for demand growth and other market (4) DESIGNATIONS.—
Act (42 U.S.C. 16538(o)(2)) is amended— shifts;’’; (A) IN GENERAL.—For purposes of carrying
(1) in the matter preceding subparagraph (B) in paragraph (6), by striking ‘‘and’’ out this subsection, the Secretary shall
(A), by striking ‘‘paragraphs (4) and (5)’’ and after the semicolon at the end; and maintain a list of minerals, elements, sub-
inserting ‘‘paragraph (4)’’; and (C) by striking paragraph (7) and inserting stances, and materials designated as critical,
(2) by striking subparagraphs (A) through the following: pursuant to the final methodology published
(E) and inserting the following: ‘‘(7) facilitate the availability, develop- under paragraph (3), that the Secretary de-
‘‘(A) $428,000,000 for fiscal year 2021; ment, and environmentally responsible pro- termines—
‘‘(B) $497,000,000 for fiscal year 2022; duction of domestic resources to meet na- (i) are essential to the economic or na-
‘‘(C) $567,000,000 for fiscal year 2023; tional material or critical mineral needs; tional security of the United States;
‘‘(D) $651,000,000 for fiscal year 2024; and ‘‘(8) avoid duplication of effort, prevent un- (ii) the supply chain of which is vulnerable
‘‘(E) $750,000,000 for fiscal year 2025.’’. necessary paperwork, and minimize delays in to disruption (including restrictions associ-
(h) TECHNICAL AMENDMENTS.—Section 5012 the administration of applicable laws (in- ated with foreign political risk, abrupt de-
of the America COMPETES Act (42 U.S.C. cluding regulations) and the issuance of per- mand growth, military conflict, violent un-
16538) is amended— mits and authorizations necessary to explore rest, anti-competitive or protectionist be-
(1) in subsection (g)(3)(A)(iii), by striking for, develop, and produce critical minerals haviors, and other risks throughout the sup-
‘‘subpart’’ each place it appears and insert- and to construct critical mineral manufac- ply chain); and
ing ‘‘subparagraph’’; and turing facilities in accordance with applica- (iii) serve an essential function in the man-
(2) in subsection (o)(4)(B), by striking ble environmental and land management ufacturing of a product (including energy
‘‘(c)(2)(D)’’ and inserting ‘‘(c)(2)(C)’’. laws; technology-, defense-, currency-, agriculture-
dlhill on DSKBBY8HB2PROD with SENATE
SEC. 1809. ADJUSTING STRATEGIC PETROLEUM ‘‘(9) strengthen— , consumer electronics-, and health care-re-
RESERVE MANDATED DRAWDOWNS. ‘‘(A) educational and research capabilities lated applications), the absence of which
(a) AMERICA’S WATER INFRASTRUCTURE ACT at not lower than the secondary school level; would have significant consequences for the
OF 2018.—Section 3009(a)(1) of the America’s and economic or national security of the United
Water Infrastructure Act of 2018 (42 U.S.C. ‘‘(B) workforce training for exploration States.
6241 note; Public Law 115–270) is amended by and development of critical minerals and (B) INCLUSIONS.—Notwithstanding the cri-
striking ‘‘2028’’ and inserting ‘‘2030.’’ critical mineral manufacturing; teria under paragraph (3), the Secretary may
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March 3, 2020 CONGRESSIONAL RECORD — SENATE S1393
designate and include on the list any min- ical under the methodology established (D) ensuring transparency and account-
eral, element, substance, or material deter- under subsection (c) are completed first. ability by using cost-effective information
mined by another Federal agency to be stra- (B) REPORTING.—During the period begin- technology to collect and disseminate infor-
tegic and critical to the defense or national ning not later than 1 year after the date of mation regarding individual projects and
security of the United States. enactment of this Act and ending on the date agency performance;
(C) REQUIRED CONSULTATION.—The Sec- of completion of all of the assessments re- (E) engaging in early and active consulta-
retary shall consult with the Secretaries of quired under this subsection, the Secretary tion with State, local, and Indian tribal gov-
Defense, Commerce, Agriculture, and Energy shall submit to Congress on an annual basis ernments to avoid conflicts or duplication of
and the United States Trade Representative an interim report that— effort, resolve concerns, and allow for con-
in designating minerals, elements, sub- (i) identifies the sequence and schedule for current, rather than sequential, reviews;
stances, and materials as critical under this completion of the assessments if the Sec- (F) providing demonstrable improvements
paragraph. retary sequences the assessments; or in the performance of Federal permitting
(5) SUBSEQUENT REVIEW.— (ii) describes the progress of the assess- and review processes, including lower costs
(A) IN GENERAL.—The Secretary, in con- ments if the Secretary does not sequence the and more timely decisions;
sultation with the Secretaries of Defense, assessments. (G) expanding and institutionalizing per-
Commerce, Agriculture, and Energy and the (6) UPDATES.—The Secretary may periodi- mitting and review process improvements
United States Trade Representative, shall cally update the assessments conducted that have proven effective;
review the methodology and list under para- under this subsection based on— (H) developing mechanisms to better com-
graph (3) and the designations under para- (A) the generation of new information or municate priorities and resolve disputes
graph (4) at least every 3 years, or more fre- datasets by the Federal Government; or among agencies at the national, regional,
quently as the Secretary considers to be ap- (B) the receipt of new information or State, and local levels; and
propriate. datasets from critical mineral producers, (I) developing other practices, such as
(B) REVISIONS.—Subject to paragraph State geological surveys, academic institu- preapplication procedures.
(4)(A), the Secretary may— tions, trade associations, or other persons. (3) REVIEW AND REPORT.—Not later than 1
(i) revise the methodology described in this (7) ADDITIONAL SURVEYS.—The Secretary year after the date of enactment of this Act,
subsection; shall complete a resource assessment for the Secretaries shall submit to Congress a
(ii) determine that minerals, elements, each additional mineral or element subse- report that—
substances, and materials previously deter- quently designated as a critical mineral (A) identifies additional measures (includ-
mined to be critical minerals are no longer under subsection (c)(5)(B) not later than 2 ing regulatory and legislative proposals, as
critical minerals; and years after the designation of the mineral or appropriate) that would increase the timeli-
(iii) designate additional minerals, ele- element. ness of permitting activities for the explo-
ments, substances, or materials as critical (8) REPORT.—Not later than 2 years after ration and development of domestic critical
minerals. the date of enactment of this Act, the Sec- minerals;
(6) NOTICE.—On finalization of the method- retary shall submit to Congress a report de- (B) identifies options (including cost recov-
ology and the list under paragraph (3), or any scribing the status of geological surveying of ery paid by permit applicants) for ensuring
revision to the methodology or list under Federal land for any mineral commodity— adequate staffing and training of Federal en-
paragraph (5), the Secretary shall submit to (A) for which the United States was de- tities and personnel responsible for the con-
Congress written notice of the action. pendent on a foreign country for more than sideration of applications, operating plans,
(d) RESOURCE ASSESSMENT.— 25 percent of the United States supply, as de- leases, licenses, permits, and other use au-
(1) IN GENERAL.—Not later than 4 years picted in the report issued by the United thorizations for critical mineral-related ac-
after the date of enactment of this Act, in States Geological Survey entitled ‘‘Mineral tivities on Federal land;
consultation with applicable State (includ- Commodity Summaries 2020’’; but (C) quantifies the amount of time typically
ing geological surveys), local, academic, in- (B) that is not designated as a critical min- required (including range derived from min-
dustry, and other entities, the Secretary eral under subsection (c). imum and maximum durations, mean, me-
(acting through the Director of the United (e) PERMITTING.— dian, variance, and other statistical meas-
States Geological Survey) or a designee of (1) SENSE OF CONGRESS.—It is the sense of ures or representations) to complete each
the Secretary, shall complete a comprehen- Congress that— step (including those aspects outside the
sive national assessment of each critical (A) critical minerals are fundamental to control of the executive branch, such as judi-
mineral that— the economy, competitiveness, and security cial review, applicant decisions, or State and
(A) identifies and quantifies known critical of the United States; local government involvement) associated
mineral resources, using all available public (B) to the maximum extent practicable, with the development and processing of ap-
and private information and datasets, in- the critical mineral needs of the United plications, operating plans, leases, licenses,
cluding exploration histories; and States should be satisfied by minerals re- permits, and other use authorizations for
(B) provides a quantitative and qualitative sponsibly produced and recycled in the critical mineral-related activities on Federal
assessment of undiscovered critical mineral United States; and land, which shall serve as a baseline for the
resources throughout the United States, in- (C) the Federal permitting process has performance metric under paragraph (4); and
cluding probability estimates of tonnage and been identified as an impediment to mineral (D) describes actions carried out pursuant
grade, using all available public and private production and the mineral security of the to paragraph (2).
information and datasets, including explo- United States. (4) PERFORMANCE METRIC.—Not later than
ration histories. (2) PERFORMANCE IMPROVEMENTS.—To im- 90 days after the date of submission of the
(2) SUPPLEMENTARY INFORMATION.—In car- prove the quality and timeliness of decisions, report under paragraph (3), the Secretaries,
rying out this subsection, the Secretary may the Secretary (acting through the Director after providing public notice and an oppor-
carry out surveys and field work (including of the Bureau of Land Management) and the tunity to comment, shall develop and pub-
drilling, remote sensing, geophysical sur- Secretary of Agriculture (acting through the lish a performance metric for evaluating the
veys, topographical and geological mapping, Chief of the Forest Service) (referred to in progress made by the executive branch to ex-
and geochemical sampling and analysis) to this subsection as the ‘‘Secretaries’’) shall, pedite the permitting of activities that will
supplement existing information and to the maximum extent practicable, with re- increase exploration for, and development of,
datasets available for determining the exist- spect to critical mineral production on Fed- domestic critical minerals, while maintain-
ence of critical minerals in the United eral land, complete Federal permitting and ing environmental standards.
States. review processes with maximum efficiency (5) ANNUAL REPORTS.—Beginning with the
(3) PUBLIC ACCESS.—Subject to applicable and effectiveness, while supporting vital eco- first budget submission by the President
law, to the maximum extent practicable, the nomic growth, by— under section 1105 of title 31, United States
Secretary shall make all data and metadata (A) establishing and adhering to timelines Code, after publication of the performance
collected from the comprehensive national and schedules for the consideration of, and metric required under paragraph (4), and an-
assessment carried out under paragraph (1) final decisions regarding, applications, oper- nually thereafter, the Secretaries shall sub-
publically and electronically accessible. ating plans, leases, licenses, permits, and mit to Congress a report that—
(4) TECHNICAL ASSISTANCE.—At the request other use authorizations for mineral-related (A) summarizes the implementation of rec-
of the Governor of a State or the head of an activities on Federal land; ommendations, measures, and options identi-
Indian tribe, the Secretary may provide (B) establishing clear, quantifiable, and fied in subparagraphs (A) and (B) of para-
technical assistance to State governments temporal permitting performance goals and graph (3);
dlhill on DSKBBY8HB2PROD with SENATE
and Indian tribes conducting critical mineral tracking progress against those goals; (B) using the performance metric under
resource assessments on non-Federal land. (C) engaging in early collaboration among paragraph (4), describes progress made by the
(5) PRIORITIZATION.— agencies, project sponsors, and affected executive branch, as compared to the base-
(A) IN GENERAL.—The Secretary may se- stakeholders— line established pursuant to paragraph (3)(C),
quence the completion of resource assess- (i) to incorporate and address the interests on expediting the permitting of activities
ments for each critical mineral such that of those parties; and that will increase exploration for, and devel-
critical minerals considered to be most crit- (ii) to minimize delays; opment of, domestic critical minerals; and
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S1394 CONGRESSIONAL RECORD — SENATE March 3, 2020
(C) compares the United States to other essing technologies that decrease the energy (v) the quantity of each critical mineral
countries in terms of permitting efficiency consumption, environmental impact, and domestically recycled during the preceding
and any other criteria relevant to the glob- costs of those activities, including— year;
ally competitive critical minerals industry. (i) efficient water and wastewater manage- (vi) the market penetration during the pre-
(6) INDIVIDUAL PROJECTS.—Using data from ment strategies; ceding year of alternatives to each critical
the Secretaries generated under paragraph (ii) technologies and management strate- mineral;
(5), the Director of the Office of Management gies to control the environmental impacts of (vii) a discussion of international trends
and Budget shall prioritize inclusion of indi- radionuclides in ore tailings; associated with the discovery, production,
vidual critical mineral projects on the (iii) technologies for separation and proc- consumption, use, costs of production,
website operated by the Office of Manage- essing; and prices, and recycling of each critical mineral
ment and Budget in accordance with section (iv) technologies for increasing the recov- as well as the development of alternatives to
1122 of title 31, United States Code. ery rates of byproducts from host metal ores; critical minerals; and
(7) REPORT OF SMALL BUSINESS ADMINISTRA- (B) technologies or process improvements (viii) such other data, analyses, and eval-
TION.—Not later than 1 year and 300 days that minimize the use, or lead to more effi- uations as the Secretary finds are necessary
after the date of enactment of this Act, the cient use, of critical minerals across the full to achieve the purposes of this subsection;
Administrator of the Small Business Admin- supply chain; and
istration shall submit to the applicable com- (C) technologies, process improvements, or (B) a comprehensive forecast, entitled the
mittees of Congress a report that assesses design optimizations that facilitate the recy- ‘‘Annual Critical Minerals Outlook’’, of pro-
the performance of Federal agencies with re- cling of critical minerals, and options for im- jected critical mineral production, consump-
spect to— proving the rates of collection of products tion, and recycling patterns, including—
(A) complying with chapter 6 of title 5, and scrap containing critical minerals from (i) the quantity of each critical mineral
United States Code (commonly known as the post-consumer, industrial, or other waste projected to be domestically produced over
‘‘Regulatory Flexibility Act’’), in promul- streams; the subsequent 1-year, 5-year, and 10-year pe-
gating regulations applicable to the critical (D) commercial markets, advanced storage riods;
minerals industry; and methods, energy applications, and other ben- (ii) the quantity of each critical mineral
(B) performing an analysis of regulations eficial uses of critical minerals processing projected to be domestically consumed over
applicable to the critical minerals industry byproducts; the subsequent 1-year, 5-year, and 10-year pe-
that may be outmoded, inefficient, duplica- (E) alternative minerals, metals, and ma- riods;
tive, or excessively burdensome. terials, particularly those available in abun- (iii) an assessment of—
(f) FEDERAL REGISTER PROCESS.— (I) critical mineral requirements to meet
dance within the United States and not sub-
(1) DEPARTMENTAL REVIEW.—Absent any ex- projected national security, energy, eco-
ject to potential supply restrictions, that
traordinary circumstance, and except as oth- nomic, industrial, technological, and other
lessen the need for critical minerals; and
erwise required by law, the Secretary and needs of the United States;
(F) alternative energy technologies or al-
the Secretary of Agriculture shall ensure (II) the projected reliance of the United
ternative designs of existing energy tech-
that each Federal Register notice described States on foreign sources to meet those
nologies, particularly those that use min-
in paragraph (2) shall be— needs; and
erals that—
(A) subject to any required reviews within (III) the projected implications of potential
(i) occur in abundance in the United
the Department of the Interior or the De- supply shortages, restrictions, or disrup-
partment of Agriculture; and States; and
tions;
(B) published in final form in the Federal (ii) are not subject to potential supply re-
(iv) the quantity of each critical mineral
Register not later than 45 days after the date strictions.
projected to be domestically recycled over
of initial preparation of the notice. (4) REPORTS.—Not later than 2 years after
the subsequent 1-year, 5-year, and 10-year pe-
(2) PREPARATION.—The preparation of Fed- the date of enactment of this Act, and annu-
riods;
eral Register notices required by law associ- ally thereafter, the Secretary shall submit
(v) the market penetration of alternatives
ated with the issuance of a critical mineral to Congress a report summarizing the activi-
to each critical mineral projected to take
exploration or mine permit shall be dele- ties, findings, and progress of the program.
place over the subsequent 1-year, 5-year, and
gated to the organizational level within the (h) ANALYSIS AND FORECASTING.— 10-year periods;
agency responsible for issuing the critical (1) CAPABILITIES.—In order to evaluate ex- (vi) a discussion of reasonably foreseeable
mineral exploration or mine permit. isting critical mineral policies and inform international trends associated with the dis-
(3) TRANSMISSION.—All Federal Register future actions that may be taken to avoid covery, production, consumption, use, costs
notices regarding official document avail- supply shortages, mitigate price volatility, of production, and recycling of each critical
ability, announcements of meetings, or no- and prepare for demand growth and other mineral as well as the development of alter-
tices of intent to undertake an action shall market shifts, the Secretary (acting through natives to critical minerals; and
be originated in, and transmitted to the Fed- the Director of the United States Geological (vii) such other projections relating to
eral Register from, the office in which, as ap- Survey) or a designee of the Secretary, in each critical mineral as the Secretary deter-
plicable— consultation with the Energy Information mines to be necessary to achieve the pur-
(A) the documents or meetings are held; or Administration, academic institutions, and poses of this subsection.
(B) the activity is initiated. others in order to maximize the application (2) PROPRIETARY INFORMATION.—In pre-
(g) RECYCLING, EFFICIENCY, AND ALTER- of existing competencies related to devel- paring a report described in paragraph (1),
NATIVES.— oping and maintaining computer-models and the Secretary shall ensure, consistent with
(1) ESTABLISHMENT.—The Secretary of En- similar analytical tools, shall conduct and section 5(f) of the National Materials and
ergy (referred to in this subsection as the publish the results of an annual report that Minerals Policy, Research and Development
‘‘Secretary’’) shall conduct a program of re- includes— Act of 1980 (30 U.S.C. 1604(f)), that—
search and development— (A) as part of the annually published Min- (A) no person uses the information and
(A) to promote the efficient production, eral Commodity Summaries from the United data collected for the report for a purpose
use, and recycling of critical minerals States Geological Survey, a comprehensive other than the development of or reporting
throughout the supply chain; and review of critical mineral production, con- of aggregate data in a manner such that the
(B) to develop alternatives to critical min- sumption, and recycling patterns, includ- identity of the person or firm who supplied
erals that do not occur in significant abun- ing— the information is not discernible and is not
dance in the United States. (i) the quantity of each critical mineral do- material to the intended uses of the informa-
(2) COOPERATION.—In carrying out the pro- mestically produced during the preceding tion;
gram, the Secretary shall cooperate with ap- year; (B) no person discloses any information or
propriate— (ii) the quantity of each critical mineral data collected for the report unless the infor-
(A) Federal agencies and National Labora- domestically consumed during the preceding mation or data has been transformed into a
tories; year; statistical or aggregate form that does not
(B) critical mineral producers; (iii) market price data or other price data allow the identification of the person or firm
(C) critical mineral processors; for each critical mineral; who supplied particular information; and
(D) critical mineral manufacturers; (iv) an assessment of— (C) procedures are established to require
(E) trade associations; (I) critical mineral requirements to meet the withholding of any information or data
(F) academic institutions; the national security, energy, economic, in- collected for the report if the Secretary de-
(G) small businesses; and dustrial, technological, and other needs of termines that withholding is necessary to
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(H) other relevant entities or individuals. the United States during the preceding year; protect proprietary information, including
(3) ACTIVITIES.—Under the program, the (II) the reliance of the United States on any trade secrets or other confidential infor-
Secretary shall carry out activities that in- foreign sources to meet those needs during mation.
clude the identification and development the preceding year; and (i) EDUCATION AND WORKFORCE.—
of— (III) the implications of any supply short- (1) WORKFORCE ASSESSMENT.—Not later
(A) advanced critical mineral extraction, ages, restrictions, or disruptions during the than 1 year and 300 days after the date of en-
production, separation, alloying, or proc- preceding year; actment of this Act, the Secretary of Labor
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March 3, 2020 CONGRESSIONAL RECORD — SENATE S1395
(in consultation with the Secretary, the Di- stitutions of higher education may apply for SEC. 2102. RARE EARTH ELEMENT ADVANCED
rector of the National Science Foundation, and receive 4-year grants for— COAL TECHNOLOGIES.
institutions of higher education with sub- (i) startup costs for newly designated fac- (a) PROGRAM FOR EXTRACTION AND RECOV-
stantial expertise in mining, institutions of ulty positions in integrated critical mineral ERY OF RARE EARTH ELEMENTS AND MINERALS
higher education with significant expertise education, research, innovation, training, FROM COAL AND COAL BYPRODUCTS.—
in minerals research, including fundamental and workforce development programs con- (1) IN GENERAL.—The Secretary of Energy,
research into alternatives, and employers in sistent with paragraph (2); acting through the Assistant Secretary for
the critical minerals sector) shall submit to (ii) internships, scholarships, and fellow- Fossil Energy (referred to in this section as
Congress an assessment of the domestic ships for students enrolled in programs re- the ‘‘Secretary’’), shall carry out a program
availability of technically trained personnel lated to critical minerals; under which the Secretary shall develop ad-
necessary for critical mineral exploration, (iii) equipment necessary for integrated vanced separation technologies for the ex-
development, assessment, production, manu- critical mineral innovation, training, and traction and recovery of rare earth elements
facturing, recycling, analysis, forecasting, workforce development programs; and and minerals from coal and coal byproducts.
(iv) research of critical minerals and their (2) AUTHORIZATION OF APPROPRIATIONS.—
education, and research, including an anal-
applications, particularly concerning the There is authorized to be appropriated to the
ysis of—
manufacture of critical components vital to Secretary to carry out the program de-
(A) skills that are in the shortest supply as
national security. scribed in paragraph (1) $23,000,000 for each of
of the date of the assessment;
(B) RENEWAL.—A grant under this para- fiscal years 2021 through 2027.
(B) skills that are projected to be in short (b) REPORT.—Not later than 1 year after
supply in the future; graph shall be renewable for up to 2 addi-
the date of enactment of this Act, the Sec-
(C) the demographics of the critical min- tional 3-year terms based on performance
retary shall submit to the Committee on En-
erals industry and how the demographics criteria outlined under paragraph (2)(A)(iv).
ergy and Natural Resources of the Senate
will evolve under the influence of factors (j) NATIONAL GEOLOGICAL AND GEOPHYSICAL and the Committee on Energy and Commerce
such as an aging workforce; DATA PRESERVATION PROGRAM.—Section of the House of Representatives a report
(D) the effectiveness of training and edu- 351(k) of the Energy Policy Act of 2005 (42 evaluating the development of advanced sep-
cation programs in addressing skills short- aration technologies for the extraction and
U.S.C. 15908(k)) is amended by striking
ages; recovery of rare earth elements and minerals
(E) opportunities to hire locally for new ‘‘$30,000,000 for each of fiscal years 2006
from coal and coal byproducts, including
and existing critical mineral activities; through 2010’’ and inserting ‘‘$5,000,000 for
acid mine drainage from coal mines.
(F) the sufficiency of personnel within rel- each of fiscal years 2021 through 2029, to re-
Subtitle B—Cybersecurity and Grid Security
evant areas of the Federal Government for main available until expended’’.
and Modernization
achieving the policies described in section 3 (k) ADMINISTRATION.— PART I—CYBERSECURITY AND GRID
of the National Materials and Minerals Pol- (1) IN GENERAL.—The National Critical Ma- SECURITY
icy, Research and Development Act of 1980 terials Act of 1984 (30 U.S.C. 1801 et seq.) is
(30 U.S.C. 1602); and SEC. 2201. INCENTIVES FOR ADVANCED CYBERSE-
repealed. CURITY TECHNOLOGY INVESTMENT.
(G) the potential need for new training pro- (2) CONFORMING AMENDMENT.—Section 3(d) Part II of the Federal Power Act is amend-
grams to have a measurable effect on the of the National Superconductivity and Com- ed by inserting after section 219 (16 U.S.C.
supply of trained workers in the critical petitiveness Act of 1988 (15 U.S.C. 5202(d)) is 824s) the following:
minerals industry. amended in the first sentence by striking ‘‘, ‘‘SEC. 219A. INCENTIVES FOR CYBERSECURITY IN-
(2) CURRICULUM STUDY.— with the assistance of the National Critical VESTMENTS.
(A) IN GENERAL.—The Secretary and the Materials Council as specified in the Na- ‘‘(a) DEFINITIONS.—In this section:
Secretary of Labor shall jointly enter into tional Critical Materials Act of 1984 (30 ‘‘(1) ADVANCED CYBERSECURITY TECH-
an arrangement with the National Academy U.S.C. 1801 et seq.),’’. NOLOGY.—The term ‘advanced cybersecurity
of Sciences and the National Academy of En- (3) SAVINGS CLAUSES.— technology’ means any technology, oper-
gineering under which the Academies shall (A) IN GENERAL.—Nothing in this section or ational capability, or service, including com-
coordinate with the National Science Foun- an amendment made by this section modifies puter hardware, software, or a related asset,
dation on conducting a study— any requirement or authority provided by— that enhances the security posture of public
(i) to design an interdisciplinary program (i) the matter under the heading ‘‘GEOLOGI- utilities through improvements in the abil-
on critical minerals that will support the CAL SURVEY’’ of the first section of the Act of ity to protect against, detect, respond to, or
critical mineral supply chain and improve March 3, 1879 (43 U.S.C. 31(a)); or recover from a cybersecurity threat (as de-
the ability of the United States to increase (ii) the first section of Public Law 87–626 fined in section 102 of the Cybersecurity Act
domestic, critical mineral exploration, de- (43 U.S.C. 31(b)). of 2015 (6 U.S.C. 1501)).
velopment, production, manufacturing, re- (B) EFFECT ON DEPARTMENT OF DEFENSE.— ‘‘(2) ADVANCED CYBERSECURITY TECHNOLOGY
search, including fundamental research into Nothing in this section or an amendment INFORMATION.—The term ‘advanced cyberse-
alternatives, and recycling; made by this section affects the authority of curity technology information’ means infor-
(ii) to address undergraduate and graduate the Secretary of Defense with respect to the mation relating to advanced cybersecurity
education, especially to assist in the devel- work of the Department of Defense on crit- technology or proposed advanced cybersecu-
opment of graduate level programs of re- ical material supplies in furtherance of the rity technology that is generated by or pro-
search and instruction that lead to advanced national defense mission of the Department vided to the Commission or another Federal
degrees with an emphasis on the critical of Defense. agency.
mineral supply chain or other positions that (C) SECRETARIAL ORDER NOT AFFECTED.— ‘‘(b) STUDY.—Not later than 180 days after
will increase domestic, critical mineral ex- This section shall not apply to any mineral the date of enactment of this section, the
ploration, development, production, manu- described in Secretarial Order No. 3324, Commission, in consultation with the Sec-
facturing, research, including fundamental issued by the Secretary on December 3, 2012, retary of Energy, the North American Elec-
research into alternatives, and recycling; in any area to which the order applies. tric Reliability Corporation, the Electricity
(iii) to develop guidelines for proposals (4) APPLICATION OF CERTAIN PROVISIONS.— Subsector Coordinating Council, and the Na-
from institutions of higher education with (A) IN GENERAL.—Subsections (e) and (f) tional Association of Regulatory Utility
substantial capabilities in the required dis- shall apply to— Commissioners, shall conduct a study to
ciplines for activities to improve the critical (i) an exploration project in which the identify incentive-based, including perform-
mineral supply chain and advance the capac- presence of a byproduct is reasonably ex- ance-based, rate treatments for the trans-
ity of the United States to increase domes- pected, based on known mineral mission and sale of electric energy subject to
tic, critical mineral exploration, research, companionality, geologic formation, min- the jurisdiction of the Commission that
development, production, manufacturing, eralogy, or other factors; and could be used to encourage—
and recycling; and (ii) a project that demonstrates that the ‘‘(1) investment by public utilities in ad-
(iv) to outline criteria for evaluating per- byproduct is of sufficient grade that, when vanced cybersecurity technology; and
formance and recommendations for the combined with the production of a host min- ‘‘(2) participation by public utilities in cy-
amount of funding that will be necessary to eral, the byproduct is economic to recover, bersecurity threat information sharing pro-
establish and carry out the program de- as determined by the applicable Secretary in grams.
scribed in paragraph (3). accordance with subparagraph (B). ‘‘(c) INCENTIVE-BASED RATE TREATMENT.—
(B) REPORT.—Not later than 2 years after (B) REQUIREMENT.—In making the deter- Not later than 1 year after the completion of
the date of enactment of this Act, the Sec- mination under subparagraph (A)(ii), the ap- the study under subsection (b), the Commis-
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retary shall submit to Congress a description plicable Secretary shall consider the cost ef- sion shall establish, by rule, incentive-based,
of the results of the study required under fectiveness of the byproducts recovery. including performance-based, rate treat-
subparagraph (A). ments for the transmission of electric energy
(3) PROGRAM.— (l) AUTHORIZATION OF APPROPRIATIONS.— in interstate commerce and the sale of elec-
(A) ESTABLISHMENT.—The Secretary and There is authorized to be appropriated to tric energy at wholesale in interstate com-
the Secretary of Labor shall jointly conduct carry out this section $50,000,000 for each of merce by public utilities for the purpose of
a competitive grant program under which in- fiscal years 2021 through 2029. benefitting consumers by encouraging—
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S1396 CONGRESSIONAL RECORD — SENATE March 3, 2020
‘‘(1) investments by public utilities in ad- (3) PROGRAM.—The term ‘‘Program’’ means ‘‘(1) secure the energy infrastructure of the
vanced cybersecurity technology; and the Rural and Municipal Utility Advanced State against all physical and cybersecurity
‘‘(2) participation by public utilities in cy- Cybersecurity Grant and Technical Assist- threats;
bersecurity threat information sharing pro- ance Program established under subsection ‘‘(2) mitigate the risk of energy supply dis-
grams. (b). ruptions to the State and enhance the re-
‘‘(d) FACTORS FOR CONSIDERATION.—In (b) ESTABLISHMENT.—Not later than 180 sponse to, and recovery from, energy disrup-
issuing a rule pursuant to this section, the days after the date of enactment of this Act, tions; and
Commission may provide additional incen- the Secretary, in consultation with the Fed- ‘‘(3) ensure the State has a reliable, secure,
tives beyond those identified in subsection eral Energy Regulatory Commission, the and resilient energy infrastructure.
(c) in any case in which the Commission de- North American Electric Reliability Cor- ‘‘(b) CONTENTS OF PLAN.—A State energy
termines that an investment in advanced cy- poration, and the Electricity Subsector Co- security plan described in subsection (a)
bersecurity technology or information shar- ordinating Council, shall establish a pro- shall—
ing program costs will reduce cybersecurity gram, to be known as the ‘‘Rural and Munic- ‘‘(1) address all energy sources and regu-
risks to— ipal Utility Advanced Cybersecurity Grant lated and unregulated energy providers;
‘‘(1) defense critical electric infrastructure and Technical Assistance Program’’, to pro- ‘‘(2) provide a State energy profile, includ-
(as defined in section 215A(a)) and other fa- vide grants and technical assistance to, and ing an assessment of energy production, dis-
cilities subject to the jurisdiction of the enter into cooperative agreements with, eli- tribution, and end-use;
Commission that are critical to public safe- gible entities to protect against, detect, re- ‘‘(3) address potential hazards to each en-
ty, national defense, or homeland security, spond to, and recover from cybersecurity ergy sector or system, including physical
as determined by the Commission in con- threats. threats and cybersecurity threats and
sultation with— (c) OBJECTIVES.—The objectives of the Pro- vulnerabilities;
‘‘(A) the Secretary of Energy; and gram shall be— ‘‘(4) provide a risk assessment of energy in-
‘‘(B) appropriate Federal agencies; and (1) to deploy advanced cybersecurity tech- frastructure and cross-sector interdepend-
‘‘(2) facilities of small or medium-sized nologies for electric utility systems; and encies;
public utilities with limited cybersecurity (2) to increase the participation of eligible ‘‘(5) provide a risk mitigation approach to
resources, as determined by the Commission. entities in cybersecurity threat information
‘‘(e) RATEPAYER PROTECTION.— enhance reliability and end-use resilience;
sharing programs. and
‘‘(1) IN GENERAL.—Any rate approved under
(d) AWARDS.— ‘‘(6) address multi-State, Indian Tribe, and
a rule issued pursuant to this section, in-
(1) IN GENERAL.—The Secretary— regional coordination planning and response,
cluding any revisions to that rule, shall be
(A) shall award grants and provide tech- and to the extent practicable, encourage mu-
subject to the requirements of sections 205
nical assistance under the Program to eligi- tual assistance in cyber and physical re-
and 206 that all rates, charges, terms, and
conditions— ble entities on a competitive basis; sponse plans.
‘‘(A) shall be just and reasonable; and (B) shall develop criteria and a formula for ‘‘(c) COORDINATION.—In developing or revis-
‘‘(B) shall not be unduly discriminatory or awarding grants and providing technical as- ing a State energy security plan under this
preferential. sistance under the Program; section, the energy office of the State shall,
‘‘(2) PROHIBITION OF DUPLICATE RECOVERY.— (C) may enter into cooperative agreements to the extent practicable, coordinate with—
Any rule issued pursuant to this section with eligible entities that can facilitate the ‘‘(1) the public utility or service commis-
shall preclude rate treatments that allow un- objectives described in subsection (c); and sion of the State;
just and unreasonable double recovery for (D) shall establish a process to ensure that ‘‘(2) energy providers from the private and
advanced cybersecurity technology. all eligible entities are informed about and public sectors; and
‘‘(f) SINGLE-ISSUE RATE FILINGS.—The can become aware of opportunities to receive ‘‘(3) other entities responsible for main-
Commission shall permit public utilities to grants or technical assistance under the Pro- taining fuel or electric reliability and secur-
apply for incentive-based rate treatment gram. ing energy infrastructure.
under a rule issued under this section on a (2) PRIORITY FOR GRANTS AND TECHNICAL AS- ‘‘(d) FINANCIAL ASSISTANCE.—A State is not
single-issue basis by submitting to the Com- SISTANCE.—In awarding grants and providing eligible to receive Federal financial assist-
mission a tariff schedule under section 205 technical assistance under the Program, the ance under this part, for any purpose, for a
that permits recovery of costs and incentives Secretary shall give priority to an eligible fiscal year unless the Governor of such State
over the depreciable life of the applicable as- entity that, as determined by the Sec- submits to the Secretary, with respect to
sets, without regard to changes in receipts or retary— such fiscal year—
other costs of the public utility. (A) has limited cybersecurity resources; ‘‘(1) a State energy security plan described
‘‘(g) PROTECTION OF INFORMATION.—Ad- (B) owns assets critical to the reliability of in subsection (a) that meets the require-
vanced cybersecurity technology informa- the bulk power system; or ments of subsection (b); or
tion that is provided to, generated by, or col- (C) owns defense critical electric infra- ‘‘(2) after an annual review of the State en-
lected by the Federal Government under sub- structure (as defined in section 215A(a) of the ergy security plan by the Governor—
section (b), (c), or (f) shall be considered to Federal Power Act (16 U.S.C. 824o–1(a))). ‘‘(A) any necessary revisions to such plan;
be critical electric infrastructure informa- (e) PROTECTION OF INFORMATION.—Informa- or
tion under section 215A.’’. tion provided to, or collected by, the Federal ‘‘(B) a certification that no revisions to
SEC. 2202. RURAL AND MUNICIPAL UTILITY AD- Government under this section—
VANCED CYBERSECURITY GRANT
such plan are necessary.
(1) shall be exempt from disclosure under ‘‘(e) TECHNICAL ASSISTANCE.—Upon request
AND TECHNICAL ASSISTANCE PRO-
GRAM.
section 552(b)(3) of title 5, United States of the Governor of a State, the Secretary
(a) DEFINITIONS.—In this section: Code; and may provide information and technical as-
(1) ADVANCED CYBERSECURITY TECH-
(2) shall not be made available by any Fed- sistance, and other assistance, in the devel-
NOLOGY.—The term ‘‘advanced cybersecurity
eral agency, State, political subdivision of a opment, implementation, or revision of a
technology’’ means any technology, oper- State, or Tribal authority under any applica- State energy security plan.
ational capability, or service, including com- ble law requiring public disclosure of infor- ‘‘(f) REQUIREMENT.—Each State receiving
puter hardware, software, or a related asset, mation or records. Federal financial assistance under this part
that enhances the security posture of elec- (f) FUNDING.—There is authorized to be ap- shall provide reasonable assurance to the
tric utilities through improvements in the propriated to carry out this section Secretary that the State has established
ability to protect against, detect, respond to, $50,000,000 for each of fiscal years 2021 policies and procedures designed to assure
or recover from a cybersecurity threat (as through 2025, to remain available until ex- that the financial assistance will be used—
defined in section 102 of the Cybersecurity pended. ‘‘(1) to supplement, and not to supplant,
Act of 2015 (6 U.S.C. 1501)). SEC. 2203. STATE ENERGY SECURITY PLANS. State and local funds; and
(2) ELIGIBLE ENTITY.—The term ‘‘eligible (a) IN GENERAL.—Part D of title III of the ‘‘(2) to the maximum extent practicable, to
entity’’ means— Energy Policy and Conservation Act (42 increase the amount of State and local funds
(A) a rural electric cooperative; U.S.C. 6321 et seq.) is amended by adding at that otherwise would be available, in the ab-
(B) a utility owned by a political subdivi- the end the following: sence of the financial assistance, for the im-
sion of a State, such as a municipally owned ‘‘SEC. 367. STATE ENERGY SECURITY PLANS. plementation of the State energy security
electric utility; ‘‘(a) IN GENERAL.—Federal financial assist- plan under this section.
(C) a utility owned by any agency, author- ance made available to a State under this ‘‘(g) PROTECTION OF INFORMATION.—Infor-
ity, corporation, or instrumentality of 1 or part may be used for the development, im- mation provided to, or collected by, the Fed-
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more political subdivisions of a State; plementation, review, and revision of a State eral Government under this section—
(D) a not-for-profit entity that is in a part- energy security plan that assesses the ‘‘(1) shall be exempt from disclosure under
nership with not fewer than 6 entities de- State’s existing circumstances and proposes section 552(b)(3) of title 5, United States
scribed in subparagraph (A), (B), or (C); and methods to strengthen the ability of the Code; and
(E) an investor-owned electric utility that State, in consultation with owners and oper- ‘‘(2) shall not be made available by any
sells less than 4,000,000 megawatt hours of ators of energy infrastructure in such State, Federal agency, State, political subdivision
electricity per year. to— of a State, or Tribal authority pursuant to
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March 3, 2020 CONGRESSIONAL RECORD — SENATE S1397
any Federal, State, or Tribal law, as applica- (B) prioritize electric utilities with fewer (III) forensic analysis of infected systems;
ble, requiring public disclosure of informa- available resources due to size or region; and and
tion or records. (C) to the maximum extent practicable, (IV) secure communications;
‘‘(h) SUNSET.—This section shall expire on use and leverage— (B) to leverage electric grid architecture as
October 31, 2024.’’. (i) existing Department programs; and a means to assess risks to the energy sector,
(b) AUTHORIZATION OF APPROPRIATIONS.— (ii) existing programs of the Federal agen- including by implementing an all-hazards
Section 365(f) of the Energy Policy and Con- cies determined to be appropriate under approach to communications infrastructure,
servation Act (42 U.S.C. 6325(f)) is amended— paragraph (1). control systems architecture, and power sys-
(1) by striking ‘‘$125,000,000’’ and inserting (3) PROTECTION OF INFORMATION.—Informa- tems architecture;
‘‘$90,000,000’’; and tion provided to, or collected by, the Federal (C) to perform pilot demonstration
(2) by striking ‘‘2007 through 2012’’ and in- Government pursuant to this subsection— projects with the energy sector to gain expe-
serting ‘‘2021 through 2025’’. (A) shall be exempt from disclosure under rience with new technologies; and
(c) TECHNICAL AND CONFORMING AMEND- section 552(b)(3) of title 5, United States (D) to develop workforce development cur-
MENTS.— Code; and ricula for energy sector-related cybersecu-
(1) CONFORMING AMENDMENTS.—Section 363 (B) shall not be made available by any Fed- rity.
of the Energy Policy and Conservation Act eral agency, State, political subdivision of a (2) AUTHORIZATION OF APPROPRIATIONS.—
(42 U.S.C. 6323) is amended— State, or Tribal authority pursuant to any There is authorized to be appropriated to
(A) by striking subsection (e); and Federal, State, political subdivision of a carry out this subsection $65,000,000 for each
(B) by redesignating subsection (f) as sub- State, or Tribal law, respectively, requiring of fiscal years 2021 through 2029.
section (e). public disclosure of information or records. (c) ENERGY SECTOR COMPONENT TESTING
(2) TECHNICAL AMENDMENT.—Section (c) REPORT ON CYBERSECURITY AND DIS- FOR CYBERRESILIENCE PROGRAM.—
TRIBUTION SYSTEMS.— (1) IN GENERAL.—The Secretary shall carry
366(3)(B)(i) of the Energy Policy and Con-
servation Act (42 U.S.C. 6326(3)(B)(i)) is (1) IN GENERAL.—Not later than 1 year after out a program—
amended by striking ‘‘approved under sec- the date of enactment of this Act, the Sec- (A) to establish a cybertesting and mitiga-
tion 367’’. retary, in consultation with State regu- tion program to identify vulnerabilities of
(3) REFERENCE.—The matter under the latory authorities, industry stakeholders, energy sector supply chain products to
heading ‘‘ENERGY CONSERVATION’’ under the and any other Federal agencies that the Sec- known threats;
heading ‘‘DEPARTMENT OF ENERGY’’ in retary determines to be appropriate, shall (B) to oversee third-party cybertesting;
submit to Congress a report that assesses— and
title II of the Department of the Interior and
(A) priorities, policies, procedures, and ac- (C) to develop procurement guidelines for
Related Agencies Appropriations Act, 1985
tions for enhancing the physical security and energy sector supply chain components.
(42 U.S.C. 6323a) is amended by striking ‘‘sec-
cybersecurity of electricity distribution sys- (2) AUTHORIZATION OF APPROPRIATIONS.—
tions 361 through 366’’ and inserting ‘‘sec-
tems, including behind-the-meter genera- There is authorized to be appropriated to
tions 361 through 367’’.
tion, storage, and load management devices, carry out this subsection $15,000,000 for each
(4) TABLE OF CONTENTS.—The table of con-
to address threats to, and vulnerabilities of, of fiscal years 2021 through 2029.
tents for part D of title III of the Energy (d) ENERGY SECTOR OPERATIONAL SUPPORT
electricity distribution systems; and
Policy and Conservation Act (Public Law 94– FOR CYBERRESILIENCE PROGRAM.—
(B) the implementation of the priorities,
163; 89 Stat. 872; 92 Stat. 3272; 104 Stat. 1006) (1) IN GENERAL.—The Secretary may carry
policies, procedures, and actions assessed
is amended by adding at the end the fol- under subparagraph (A), including— out a program—
lowing: (i) an estimate of potential costs and bene- (A) to enhance and periodically test—
‘‘Sec. 367. State energy security plans.’’. fits of the implementation; and (i) the emergency response capabilities of
SEC. 2204. ENHANCING GRID SECURITY (ii) an assessment of any public-private the Department; and
THROUGH PUBLIC-PRIVATE PART- cost-sharing opportunities. (ii) the coordination of the Department
NERSHIPS. (2) PROTECTION OF INFORMATION.—Informa- with other agencies, the National Labora-
(a) DEFINITIONS.—In this section: tion provided to, or collected by, the Federal tories, and private industry;
(1) ELECTRIC RELIABILITY ORGANIZATION.— Government under this subsection— (B) to expand cooperation of the Depart-
The term ‘‘Electric Reliability Organiza- (A) shall be exempt from disclosure under ment with the intelligence communities for
tion’’ has the meaning given the term in sec- section 552(b)(3) of title 5, United States energy sector-related threat collection and
tion 215(a) of the Federal Power Act (16 Code; and analysis;
U.S.C. 824o(a)). (B) shall not be made available by any Fed- (C) to enhance the tools of the Department
(2) ELECTRIC UTILITY; STATE REGULATORY eral agency, State, political subdivision of a and E–ISAC for monitoring the status of the
AUTHORITY.—The terms ‘‘electric utility’’ State, or Tribal authority pursuant to any energy sector;
and ‘‘State regulatory authority’’ have the Federal, State, political subdivision of a (D) to expand industry participation in E–
meanings given those terms in section 3 of State, or Tribal law, respectively, requiring ISAC; and
the Federal Power Act (16 U.S.C. 796). public disclosure of information or records. (E) to provide technical assistance to small
(b) PROGRAM TO PROMOTE AND ADVANCE SEC. 2205. ENHANCED GRID SECURITY. electric utilities for purposes of assessing
PHYSICAL SECURITY AND CYBERSECURITY OF (a) DEFINITIONS.—In this section: cybermaturity level.
ELECTRIC UTILITIES.— (1) ELECTRIC UTILITY.—The term ‘‘electric (2) AUTHORIZATION OF APPROPRIATIONS.—
(1) ESTABLISHMENT.—The Secretary, in utility’’ has the meaning given the term in There is authorized to be appropriated to
consultation with State regulatory authori- section 3 of the Federal Power Act (16 U.S.C. carry out this subsection $10,000,000 for each
ties, industry stakeholders, the Electric Re- 796). of fiscal years 2021 through 2029.
liability Organization, and any other Federal (2) E–ISAC.—The term ‘‘E–ISAC’’ means (e) MODELING AND ASSESSING ENERGY IN-
agencies that the Secretary determines to be the Electricity Sector Information Sharing FRASTRUCTURE RISK.—
appropriate, shall carry out a program— and Analysis Center. (1) IN GENERAL.—The Secretary shall de-
(A) to develop, and provide for voluntary (b) CYBERSECURITY FOR THE ENERGY SECTOR velop an advanced energy security program
implementation of, maturity models, self-as- RESEARCH, DEVELOPMENT, AND DEMONSTRA- to secure energy networks, including elec-
sessments, and auditing methods for assess- TION PROGRAM.— tric, natural gas, and oil exploration, trans-
ing the physical security and cybersecurity (1) IN GENERAL.—The Secretary, in con- mission, and delivery.
of electric utilities; sultation with appropriate Federal agencies, (2) SECURITY AND RESILIENCY OBJECTIVE.—
(B) to assist with threat assessment and the energy sector, the States, and other The objective of the program developed
cybersecurity training for electric utilities; stakeholders, shall carry out a program— under paragraph (1) is to increase the func-
(C) to provide technical assistance for elec- (A) to develop advanced cybersecurity ap- tional preservation of the electric grid oper-
tric utilities subject to the program; plications and technologies for the energy ations or natural gas and oil operations in
(D) to provide training to electric utilities sector— the face of natural and human-made threats
to address and mitigate cybersecurity supply (i) to identify and mitigate vulnerabilities, and hazards, including electric magnetic
chain management risks; including— pulse and geomagnetic disturbances.
(E) to advance the cybersecurity of third- (I) dependencies on other critical infra- (3) ELIGIBLE ACTIVITIES.—In carrying out
party vendors in partnerships with electric structure; and the program developed under paragraph (1),
utilities; and (II) impacts from weather and fuel supply; the Secretary may—
(F) to increase opportunities for sharing and (A) develop capabilities to identify
best practices and data collection within the (ii) to advance the security of field devices vulnerabilities and critical components that
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electric sector. and third-party control systems, including— pose major risks to grid security if destroyed
(2) SCOPE.—In carrying out the program (I) systems for generation, transmission, or impaired;
under paragraph (1), the Secretary shall— distribution, end use, and market functions; (B) provide modeling at the national level
(A) take into consideration— (II) specific electric grid elements includ- to predict impacts from natural or human-
(i) the different sizes of electric utilities; ing advanced metering, demand response, made events;
and distributed generation, and electricity stor- (C) develop a maturity model for physical
(ii) the regions that electric utilities serve; age; security and cybersecurity;
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S1398 CONGRESSIONAL RECORD — SENATE March 3, 2020
(D) conduct exercises and assessments to (e) NO EFFECT ON OTHER PROVISIONS OF tems for isolated communities, particularly
identify and mitigate vulnerabilities to the LAW.—Nothing in this Act or an amendment for those communities exposed to extreme
electric grid, including providing mitigation made by this Act authorizes regulatory ac- weather conditions and high energy costs,
recommendations; tions that would duplicate or conflict with including electricity, space heating and cool-
(E) conduct research hardening solutions regulatory requirements, mandatory stand- ing, and transportation.
for critical components of the electric grid; ards, or related processes under section 215 of (C) Phase III, which shall be carried out in
(F) conduct research mitigation and recov- the Federal Power Act (16 U.S.C. 824o). parallel with Phase II and consist of the de-
ery solutions for critical components of the (f) USE OF FUNDS.—To the maximum extent velopment of an implementation strategy to
electric grid; and practicable, in carrying out this section, the promote the development of micro-grid sys-
(G) provide technical assistance to States Secretary shall ensure that the use of funds tems that increase the resilience of critical
and other entities for standards and risk to carry out this section is coordinated infrastructure.
analysis. among different offices within the Grid Mod- (D) Phase IV, which shall consist of cost-
(4) AUTHORIZATION OF APPROPRIATIONS.— ernization Initiative of the Department and shared demonstration projects, based upon
There is authorized to be appropriated to other programs conducting energy storage the strategies developed under subparagraph
carry out this subsection $10,000,000 for each research. (B) that include the development of physical
of fiscal years 2021 through 2029. SEC. 2211. TECHNOLOGY DEMONSTRATION ON and cybersecurity plans to take appropriate
(f) LEVERAGING EXISTING PROGRAMS.—The THE DISTRIBUTION SYSTEM. measures to protect and secure the electric
programs established under this section shall (a) IN GENERAL.—The Secretary shall es- grid.
be carried out consistent with— tablish a grant program to carry out eligible (E) Phase V, which shall establish a bene-
(1) the report of the Department entitled projects related to the modernization of the fits analysis plan to help inform regulators,
‘‘Roadmap to Achieve Energy Delivery Sys- electric grid, including the application of policymakers, and industry stakeholders
tems Cybersecurity’’ and dated 2011; technologies to improve observability, ad- about the affordability, environmental and
(2) existing programs of the Department; vanced controls, and prediction of system resilience benefits associated with Phases II,
and performance on the distribution system. III, and IV.
(3) any associated strategic framework (b) ELIGIBLE PROJECTS.—To be eligible for (3) REQUIREMENTS FOR STRATEGY.—In devel-
that links together academic and National a grant under subsection (a), a project oping the strategy under paragraph (2)(B),
Laboratory researchers, electric utilities, shall— the Secretary shall consider—
manufacturers, and any other relevant pri- (1) be designed to improve the performance (A) establishing future targets for the eco-
vate industry organizations, including the and efficiency of the future electric grid, nomic displacement of conventional genera-
Electricity Sub-sector Coordinating Council. while ensuring the continued provision of tion using hybrid micro-grid systems, includ-
PART II—GRID MODERNIZATION safe, secure, reliable, and affordable power; ing displacement of conventional generation
SEC. 2210. GRID STORAGE PROGRAM. (2) demonstrate— used for electric power generation, heating
(a) IN GENERAL.—The Secretary shall con- (A) secure integration and management of and cooling, and transportation;
duct a program of research, development, two or more energy resources, including dis- (B) the potential for renewable resources,
and demonstration of electric grid energy tributed energy generation, combined heat including wind, solar, and hydropower, to be
storage that addresses the principal chal- and power, micro-grids, energy storage, elec- integrated into a hybrid micro-grid system;
lenges identified in the 2013 Department of tric vehicles, energy efficiency, demand re- (C) opportunities for improving the effi-
Energy Strategic Plan for Grid Energy Stor- sponse, and intelligent loads; and ciency of existing hybrid micro-grid systems;
age. (B) secure integration and interoperability (D) the capacity of the local workforce to
(b) AREAS OF FOCUS.—The program under of communications and information tech- operate, maintain, and repair a hybrid
this section shall focus on— nologies; and micro-grid system;
(1) materials, electric thermal, (3) be subject to the requirements of sec- (E) opportunities to develop the capacity
electromechanical, and electrochemical sys- tion 545(a) of the Energy Security and Inde- of the local workforce to operate, maintain,
tems research; pendence Act of 2007 (42 U.S.C. 17155(a)). and repair a hybrid micro-grid system;
(2) power conversion technologies research; SEC. 2212. MICRO-GRID AND HYBRID MICRO-GRID (F) leveraging existing capacity within
(3) developing— SYSTEMS PROGRAM. local or regional research organizations,
(A) empirical and science-based industry (a) DEFINITIONS.—In this section: such as organizations based at institutions
standards to compare the storage capacity, (1) HYBRID MICRO-GRID SYSTEM.—The term of higher education, to support development
cycle length and capabilities, and reliability ‘‘hybrid micro-grid system’’ means a stand- of hybrid micro-grid systems, including by
of different types of electricity storage; and alone electrical system that— testing novel components and systems prior
(B) validation and testing techniques; (A) is comprised of conventional genera- to field deployment;
(4) other fundamental and applied research tion and at least 1 alternative energy re- (G) the need for basic infrastructure to de-
critical to widespread deployment of elec- source; and velop, deploy, and sustain a hybrid micro-
tricity storage; (B) may use grid-scale energy storage. grid system;
(5) device development that builds on re- (2) ISOLATED COMMUNITY.—The term ‘‘iso- (H) input of traditional knowledge from
sults from research described in paragraphs lated community’’ means a community that local leaders of isolated communities in the
(1), (2), and (4), including combinations of is powered by a stand-alone electric genera- development of a hybrid micro-grid system;
power electronics, advanced optimizing con- tion and distribution system without the (I) the impact of hybrid micro-grid systems
trols, and energy storage as a general pur- economic and reliability benefits of connec- on defense, homeland security, economic de-
pose element of the electric grid; tion to a regional electric grid. velopment, and environmental interests;
(6) grid-scale testing and analysis of stor- (3) MICRO-GRID SYSTEM.—The term ‘‘micro- (J) opportunities to leverage existing
age devices, including test-beds and field grid system’’ means a standalone electrical interagency coordination efforts and rec-
trials; system that uses grid-scale energy storage. ommendations for new interagency coordina-
(7) cost-benefit analyses that inform cap- (4) STRATEGY.—The term ‘‘strategy’’ means tion efforts to minimize unnecessary over-
ital expenditure planning for regulators and the strategy developed pursuant to sub- head, mobilization, and other project costs;
owners and operators of components of the section (b)(2)(B). and
electric grid; (b) PROGRAM.— (K) any other criteria the Secretary deter-
(8) electricity storage device safety and re- (1) ESTABLISHMENT.—The Secretary shall mines appropriate.
liability, including potential failure modes, establish a program to promote the develop- (c) COLLABORATION.—The program estab-
mitigation measures, and operational guide- ment of— lished under subsection (b)(1) shall be carried
lines; (A) hybrid micro-grid systems for isolated out in collaboration with relevant stake-
(9) standards for storage device perform- communities; and holders, including, as appropriate—
ance, control interface, grid interconnection, (B) micro-grid systems to increase the re- (1) States;
and interoperability; and silience of critical infrastructure. (2) Indian Tribes;
(10) maintaining a public database of en- (2) PHASES.—The program established (3) regional entities and regulators;
ergy storage projects, policies, codes, stand- under paragraph (1) shall be divided into the (4) units of local government;
ards, and regulations. following phases: (5) institutions of higher education; and
(c) ASSISTANCE TO STATES.—The Secretary (A) Phase I, which shall consist of the de- (6) private sector entities.
may provide technical and financial assist- velopment of a feasibility assessment for— (d) REPORT.—Not later than 180 days after
ance to States, Indian Tribes, or units of (i) hybrid micro-grid systems in isolated the date of enactment of this Act, and annu-
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local government to participate in or use re- communities; and ally thereafter until calendar year 2029, the
search, development, or demonstration of (ii) micro-grid systems to enhance the re- Secretary shall submit to the Committee on
technology developed under this section. silience of critical infrastructure. Energy and Natural Resources of the Senate
(d) AUTHORIZATION OF APPROPRIATIONS.— (B) Phase II, which shall consist of the de- and the Committee on Energy and Commerce
There is authorized to be appropriated to the velopment of an implementation strategy, in of the House of Representatives a report on
Secretary to carry out this section $50,000,000 accordance with paragraph (3), to promote the efforts to implement the program estab-
for each of fiscal years 2021 through 2029. the development of hybrid micro-grid sys- lished under subsection (b)(1) and the status
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March 3, 2020 CONGRESSIONAL RECORD — SENATE S1399
of the strategy developed under subsection (B) facilitates the modernization of the (2) standard methodologies for calculating
(b)(2)(B). electric grid and associated communications potential costs and measurable benefits
SEC. 2213. ELECTRIC GRID ARCHITECTURE, SCE- networks to achieve the objectives described value to ratepayers, applying the perform-
NARIO DEVELOPMENT, AND MOD- in paragraph (2); ance metrics developed under paragraph (1);
ELING. (C) ensures a reliable, resilient, affordable, (3) identification of tools, resources, and
(a) GRID ARCHITECTURE AND SCENARIO DE- safe, and secure electric grid; and deployment models that may enable im-
VELOPMENT.— (D) acknowledges and accounts for dif- proved performance through the adoption of
(1) IN GENERAL.—Subject to paragraph (2), ferent priorities, electric systems, and rate emerging, commercially available or ad-
the Secretary shall establish and facilitate a structures across States and regions. vanced grid technologies or solutions, in-
collaborative process to develop model grid (2) OBJECTIVES.—The pathways established cluding—
architecture and a set of future scenarios for under paragraph (1) shall facilitate achieve- (A) multicustomer micro-grids;
the electric grid to examine the impacts of ment of as many of the following objectives (B) distributed energy resources;
different combinations of resources (includ- as practicable: (C) energy storage;
ing different quantities of distributed energy (A) Near real-time situational awareness of (D) electric vehicles;
resources and large-scale, central genera- the electric system. (E) electric vehicle charging infrastruc-
tion) on the electric grid. (B) Data visualization. ture;
(2) MARKET STRUCTURE.—The grid architec- (C) Advanced monitoring and control of (F) integrated information and commu-
ture and scenarios developed under para- the advanced electric grid. nications systems;
graph (1) shall account for differences in (D) Enhanced certainty of policies for in- (G) transactive energy systems; and
market structure, including an examination vestment in the electric grid. (H) advanced demand management sys-
of the potential for stranded costs in each (E) Increased innovation. tems; and
type of market structure. (F) Greater consumer empowerment. (4) the role of States and local regulatory
(3) FINDINGS.— (G) Enhanced grid resilience, reliability, authorities in enabling a robust future elec-
(A) IN GENERAL.—Based on the findings of and robustness. tric grid to ensure that—
grid architecture developed under paragraph (H) Improved— (A) electric utilities remain financially
(1), the Secretary shall— (i) integration of distributed energy re- viable;
(i) determine whether any additional sources; (B) electric utilities make the needed in-
standards are necessary to ensure the inter- (ii) interoperability of the electric system; vestments that ensure a reliable, secure, and
operability of grid systems and associated and resilient grid; and
communications networks; and (iii) predictive modeling and capacity fore- (C) costs incurred to transform to an inte-
(ii) if the Secretary makes a determination casting. grated grid are allocated and recovered re-
that additional standards are necessary (I) Reduced cost of service for consumers. sponsibly, efficiently, and equitably.
under subparagraph (A), make recommenda- (J) Diversification of generation sources. SEC. 2216. VOLUNTARY STATE, REGIONAL, AND
tions for additional standards, including, as (3) STEERING COMMITTEE.—Not later than 90 LOCAL ELECTRICITY DISTRIBUTION
may be appropriate, to the Electric Reli- days after the date of enactment of this Act, PLANNING.
ability Organization under section 215 of the the Secretary shall establish a steering com- (a) IN GENERAL.—On the request of a State,
Federal Power Act (16 U.S.C. 824o). mittee to help develop the pathways under regional organization, or electric utility, the
(B) CONSIDERATION.—The Electric Reli- paragraph (1), to be composed of members Secretary shall provide assistance to States,
ability Organization shall not be under any appointed by the Secretary, consisting of regional organizations, and electric utilities
obligation to establish any process to con- persons with appropriate expertise rep- to facilitate the development of State, re-
sider the recommendations described in sub- resenting a diverse range of interests in the gional, and local electricity distribution
paragraph (A)(ii). public, private, and academic sectors, includ- plans by—
(b) MODELING.—Subject to subsection (c), ing representatives of— (1) conducting a resource assessment and
the Secretary shall— (A) the Federal Energy Regulatory Com- analysis of future demand and distribution
(1) conduct modeling based on the sce- mission; requirements; and
narios developed under subsection (a); and (B) the National Laboratories; (2) developing open source tools for State,
(2) analyze and evaluate the technical and (C) States; regional, and local planning and operations.
financial impacts of the models to assist (D) State regulatory authorities; (b) RISK AND SECURITY ANALYSIS.—The as-
States, utilities, and other stakeholders in— (E) transmission organizations; sessment under subsection (a)(1) shall in-
(A) enhancing strategic planning efforts; (F) representatives of all sectors of the clude—
(B) avoiding stranded costs; and electric power industry; (1) the evaluation of the physical security,
(C) maximizing the cost-effectiveness of fu- (G) institutions of higher education; cybersecurity, and associated communica-
ture grid-related investments. (H) independent research institutes; and tions needs of an advanced distribution man-
(c) INPUT.—The Secretary shall develop the (I) other entities. agement system and the integration of dis-
scenarios and conduct the modeling and (b) TECHNICAL ASSISTANCE.—The Secretary tributed energy resources; and
analysis under subsections (a) and (b) with may provide technical assistance to States, (2) advanced use of grid architecture to
participation or input, as appropriate, Indian Tribes, or units of local government analyze risks in an all-hazards approach that
from— to adopt or implement one or more elements includes communications infrastructure,
(1) the National Laboratories; of the pathways developed under subsection control systems architecture, and power sys-
(2) States; (a)(1), including on a pilot basis. tems architecture.
(c) DESIGNATION.—The information col-
(3) State regulatory authorities; SEC. 2215. PERFORMANCE METRICS FOR ELEC- lected for the assessment and analysis under
(4) transmission organizations; TRICITY INFRASTRUCTURE PRO-
subsection (a)(1)—
(5) representatives of all sectors of the VIDERS.
(1) shall be considered to be critical elec-
electric power industry; (a) IN GENERAL.—Not later than 2 years tric infrastructure information under section
(6) academic institutions; after the date of enactment of this Act, the 215A of the Federal Power Act (16 U.S.C.
(7) independent research institutes; and Secretary, in consultation with the steering 824o–1); and
(8) other entities. committee established under section (2) shall only be released in compliance
(d) EFFECT.—Nothing in this section grants 2214(a)(3), shall submit to the Committee on with regulations implementing that section.
any person a right to receive or review con- Energy and Natural Resources of the Senate (d) TECHNICAL ASSISTANCE.—For the pur-
fidential, proprietary, or otherwise protected and the Committee on Energy and Commerce pose of assisting in the development of State
information concerning grid architecture or of the House of Representatives a report that and regional electricity distribution plans,
scenarios. includes— the Secretary shall provide technical assist-
SEC. 2214. VOLUNTARY MODEL PATHWAYS. (1) an evaluation of the performance of the ance to—
(a) ESTABLISHMENT OF VOLUNTARY MODEL electric grid as of the date of the report; and (1) States;
PATHWAYS.— (2) a description of the projected range of (2) regional reliability entities; and
(1) ESTABLISHMENT.—Not later than 90 days measurable costs and benefits associated (3) other distribution asset owners and op-
after the date of enactment of this Act, the with the changes evaluated under the sce- erators.
Secretary, in consultation with the steering narios developed under section 2213. (e) WITHDRAWAL.—A State or any entity
committee established under paragraph (3), (b) CONSIDERATIONS FOR DEVELOPMENT OF that has requested technical assistance
shall initiate the development of voluntary METRICS.—In developing metrics for the under this section may withdraw the request
dlhill on DSKBBY8HB2PROD with SENATE
model pathways for modernizing the electric evaluation and projections under subsection for technical assistance at any time, and on
grid through a collaborative, public-private (a), the Secretary shall consider— such withdrawal, the Secretary shall termi-
effort that— (1) standard methodologies for calculating nate all assistance efforts.
(A) produces illustrative policy pathways improvements or deteriorations in the per- (f) EFFECT.—Nothing in this section au-
encompassing a diverse range of technologies formance metrics, such as reliability, grid thorizes the Secretary to require any State,
that can be adapted for State and regional efficiency, power quality, consumer satisfac- regional organization, regional reliability
applications by regulators and policymakers; tion, sustainability, and financial incentives; entity, asset owner, or asset operator to
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S1400 CONGRESSIONAL RECORD — SENATE March 3, 2020
adopt any model, tool, plan, analysis, or as- 102(a)(1) of the Higher Education Act of 1965 tract employees and other personnel to allow
sessment. (20 U.S.C. 1001, 1002(a)(1)). the Commission to carry out the functions of
SEC. 2217. AUTHORIZATION OF APPROPRIATIONS. (9) LABOR ORGANIZATION.—The term ‘‘labor the Commission in a timely, efficient, and
There is authorized to be appropriated to organization’’ has the meaning given the effective manner, the Chairman may fix the
term in section 2 of the National Labor Rela- compensation for the category of employees
the Secretary to carry out sections 2211
tions Act (29 U.S.C. 152). or other personnel without regard to chapter
through 2216 $200,000,000 for each of fiscal
(10) LOCAL EDUCATIONAL AGENCY.—The term 51 and subchapter III of chapter 53 of title 5,
years 2021 through 2029.
‘‘local educational agency’’ has the meaning United States Code, or any other civil serv-
Subtitle C—Workforce Development given the term in section 8101 of the Elemen- ice law.
SEC. 2301. DEFINITIONS. tary and Secondary Education Act of 1965 (20 ‘‘(2) CERTIFICATION REQUIREMENTS.—A cer-
In this subtitle: U.S.C. 7801). tification issued under paragraph (1) shall—
(1) WIOA TERMS.—The terms ‘‘community- (11) LOCAL WORKFORCE DEVELOPMENT ‘‘(A) apply with respect to a category of
based organization’’, ‘‘economic development BOARD.—The term ‘‘local workforce develop- employees or other personnel responsible for
agency’’, ‘‘recognized postsecondary creden- ment board’’ has the meaning given the term conducting work of a scientific, techno-
tial’’, and ‘‘State’’ have the meanings given ‘‘local board’’ in section 3 of the Workforce logical, engineering, or mathematical na-
Innovation and Opportunity Act (29 U.S.C. ture;
the terms in section 3 of the Workforce Inno-
3102). ‘‘(B) specify a maximum amount of reason-
vation and Opportunity Act (29 U.S.C. 3102).
(12) MINORITY-SERVING INSTITUTION.—The able compensation for the category of em-
(2) APPRENTICESHIP PROGRAM.—The term
term ‘‘minority-serving institution’’ means ployees or other personnel;
‘‘apprenticeship program’’ means an appren-
an institution of higher education eligible to ‘‘(C) be valid for a 5-year period beginning
ticeship registered under the Act of August
receive funds under section 320 or 371(a) of on the date on which the certification is
16, 1937 (commonly known as the ‘‘National
the Higher Education Act of 1965 (20 U.S.C. issued;
Apprenticeship Act’’) (50 Stat. 664, chapter
1059g, 1067q(a)). ‘‘(D) be no broader than necessary to
663; 29 U.S.C. 50 et seq.), including, as in ef-
(13) PREAPPRENTICESHIP.—The term achieve the objective of retaining or attract-
fect on December 30, 2019, any requirement,
‘‘preapprenticeship’’, used with respect to a ing employees and other personnel to allow
standard, or rule promulgated under that
program, means an initiative or set of strat- the Commission to carry out the functions of
Act. the Commission in a timely, efficient, and
(3) AREA CAREER AND TECHNICAL EDUCATION egies that—
(A) is designed to prepare participants to effective manner; and
SCHOOL.—The term ‘‘area career and tech-
enter an apprenticeship program; ‘‘(E) include an explanation for why the
nical education school’’ has the meaning other approaches available to the Chairman
given the term in section 3 of the Carl D. (B) is carried out by an eligible sponsor
that has a documented partnership with 1 or for retaining and attracting employees and
Perkins Career and Technical Education Act other personnel are inadequate.
of 2006 (20 U.S.C. 2302). more sponsors of apprenticeship programs;
and ‘‘(3) RENEWAL.—
(4) BOARD.—The term ‘‘Board’’ means the ‘‘(A) IN GENERAL.—Not later than 90 days
21st Century Energy Workforce Advisory (C) includes each of the following:
(i) Training (including a curriculum for the before the date of expiration of a certifi-
Board established under section 2304(a). cation issued under paragraph (1), the Chair-
(5) COVERED FACILITY OF THE NATIONAL NU- training) aligned with industry standards re-
lated to an apprenticeship program and re- man shall determine whether the certifi-
CLEAR SECURITY ADMINISTRATION.—The term cation should be renewed for a subsequent 5-
‘‘covered facility of the National Nuclear Se- viewed and approved annually by sponsors of
the apprenticeship program within the docu- year period.
curity Administration’’ means a national se- ‘‘(B) REQUIREMENT.—If the Chairman deter-
curity laboratory or a nuclear weapons pro- mented partnership that will prepare partici-
pants by teaching the skills and com- mines that a certification should be renewed
duction facility (as those terms are defined under subparagraph (A), the Chairman may
in section 4002 of the Atomic Energy Defense petencies needed to enter 1 or more appren-
renew the certification, subject to the cer-
Act (50 U.S.C. 2501)). ticeship programs.
tification requirements under paragraph (2)
(6) ELIGIBLE SPONSOR.—The term ‘‘eligible (ii) Hands-on training and theoretical edu-
that were applicable to the initial certifi-
sponsor’’ means a public organization or an cation for participants that does not displace
cation.
organization described in section 501(c) of a paid employee.
‘‘(4) NEW HIRES.—
the Internal Revenue Code of 1986 and ex- (iii) A formal agreement with a sponsor of
‘‘(A) IN GENERAL.—An employee or other
empt from tax under section 501(a) of that an apprenticeship program that would enable
personnel that is a member of a category of
Code, that— participants who successfully complete the
employees or other personnel that would
(A) with respect to an apprenticeship pro- preapprenticeship program—
have been covered by a certification issued
gram, administers such program through a (I) to enter directly into the apprenticeship under paragraph (1), but was hired during a
partnership that may include— program if a place in the program is avail- period in which the certification has expired
(i) a business; able and if the participant meets the quali- and has not been renewed under paragraph
(ii) an employer or industry association; fications of the apprenticeship program; and (3) shall not be eligible for compensation at
(iii) a labor-management organization; (II) to earn credits towards the apprentice- the level that would have applied to the em-
(iv) a local workforce development board ship program. ployee or other personnel if the certification
or State workforce development board; (14) SECONDARY SCHOOL.—The term ‘‘sec- had been in effect on the date on which the
(v) a 2- or 4-year institution of higher edu- ondary school’’ has the meaning given the employee or other personnel was hired.
cation that offers an educational program term in section 8101 of the Elementary and ‘‘(B) COMPENSATION OF NEW HIRES ON RE-
leading to an associate’s or bachelor’s degree Secondary Education Act of 1965 (20 U.S.C. NEWAL.—On renewal of a certification under
in conjunction with a certificate of comple- 7801). paragraph (3), the Chairman may fix the
tion of apprenticeship; (15) STATE WORKFORCE DEVELOPMENT compensation of the employees or other per-
(vi) the Armed Forces (including the Na- BOARD.—The term ‘‘State workforce develop- sonnel described in subparagraph (A) at the
tional Guard and Reserves); ment board’’ has the meaning given the term level established for the category of employ-
(vii) a community-based organization; ‘‘State board’’ in section 3 of the Workforce ees or other personnel in the certification.
(viii) a labor organization with significant Innovation and Opportunity Act (29 U.S.C. ‘‘(5) RETENTION OF LEVEL OF FIXED COM-
energy experience; or 3102). PENSATION.—A category of employees or
(ix) an economic development agency; and (16) TRIBAL ORGANIZATION.—The term ‘‘trib- other personnel, the compensation of which
(B) with respect to a preapprenticeship al organization’’ has the meaning given the was fixed by the Chairman in accordance
program, is a local educational agency, a term in section 3765 of title 38, United States with paragraph (1), may, at the discretion of
secondary school, an area career and tech- Code. the Chairman, have the level of fixed com-
nical education school, a State workforce de- SEC. 2302. ADDRESSING INSUFFICIENT COM- pensation for the category of employees or
PENSATION OF EMPLOYEES AND
velopment board, a local workforce develop- other personnel retained, regardless of
OTHER PERSONNEL OF THE FED-
ment board, a labor organization, or a com- ERAL ENERGY REGULATORY COM- whether a certification described under that
munity-based organization, that administers MISSION. paragraph is in effect with respect to the
such program with any required coordina- (a) IN GENERAL.—Section 401 of the Depart- compensation of the category of employees
tion and necessary approvals from the Sec- ment of Energy Organization Act (42 U.S.C. or other personnel.
retary of Labor or a State department of 7171) is amended by adding at the end the fol- ‘‘(6) CONSULTATION REQUIRED.—The Chair-
labor. lowing: man shall consult with the Director of the
(7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ ‘‘(k) ADDRESSING INSUFFICIENT COMPENSA- Office of Personnel Management in imple-
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has the meaning given the term in section 4 TION OF EMPLOYEES AND OTHER PERSONNEL OF menting this subsection, including in the de-
of the Indian Self-Determination and Edu- THE COMMISSION.— termination of the amount of compensation
cation Assistance Act (25 U.S.C. 5304). ‘‘(1) IN GENERAL.—Notwithstanding any with respect to each category of employees
(8) INSTITUTION OF HIGHER EDUCATION.—The other provision of law, if the Chairman pub- or other personnel.
term ‘‘institution of higher education’’ has licly certifies that compensation for a cat- ‘‘(7) EXPERTS AND CONSULTANTS.—
the meaning given the term in section 101 egory of employees or other personnel of the ‘‘(A) IN GENERAL.—Subject to subparagraph
and subparagraphs (A) and (B) of section Commission is insufficient to retain or at- (B), the Chairman may—
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March 3, 2020 CONGRESSIONAL RECORD — SENATE S1401
‘‘(i) obtain the services of experts and con- (4) strengthens and engages the workforce (B) developing energy workforce training
sultants in accordance with section 3109 of training programs of the Department and programs.
title 5, United States Code; the National Laboratories in carrying out (3) REPORT.—
‘‘(ii) compensate those experts and consult- the Minorities in Energy Initiative of the (A) IN GENERAL.—Not later than 1 year
ants for each day (including travel time) at Department and other Department work- after the date on which the Board is estab-
rates not in excess of the rate of pay for level force priorities; lished under this section, and biennially
IV of the Executive Schedule under section (5) develops plans to support and retrain thereafter until the date on which the Board
5315 of that title; and displaced and unemployed energy sector is terminated under subsection (g), the Board
‘‘(iii) pay to the experts and consultants workers; and shall submit to the Secretary a report con-
serving away from the homes or regular (6) prioritizes education and job training taining, with respect to the strategy re-
places of business of the experts and consult- for underrepresented groups, including racial quired under subsection (a)—
ants travel expenses and per diem in lieu of and ethnic minorities, Indian tribes, women, (i) the findings of the Board; and
subsistence at rates authorized by sections veterans, and socioeconomically disadvan- (ii) the proposed energy workforce strategy
5702 and 5703 of that title for persons in Gov- taged individuals. of the Board.
ernment service employed intermittently. (b) MEMBERSHIP.— (B) RESPONSE OF THE SECRETARY.—Not
‘‘(B) LIMITATIONS.—The Chairman shall— (1) IN GENERAL.—The Board shall be com- later than 60 days after the date on which a
‘‘(i) to the maximum extent practicable, posed of not fewer than 10 and not more than report is submitted to the Secretary under
limit the use of experts and consultants pur- 15 members, with the initial members of the subparagraph (A), the Secretary shall—
suant to subparagraph (A); and Board to be appointed by the Secretary not (i) submit to the Board a response to the
‘‘(ii) ensure that the employment contract later than 1 year after the date of enactment report that—
of each expert and consultant employed pur- of this Act. (I) describes whether the Secretary ap-
suant to subparagraph (A) is subject to re- (2) REQUIREMENT.—The Board shall include proves or disapproves of each recommenda-
newal not less frequently than annually.’’. not fewer than 1 representative of a labor or- tion of the Board under subparagraph (A);
(b) REPORTS.— ganization with significant energy experi- and
(1) IN GENERAL.—Not later than 1 year after ence who has been nominated by a national (II) if the Secretary approves of a rec-
the date of enactment of this Act, and every labor federation. ommendation, provides an implementation
2 years thereafter for 10 years, the Chairman (3) QUALIFICATIONS.—Each individual ap- plan for the recommendation; and
of the Federal Energy Regulatory Commis- pointed to the Board under paragraph (1) (ii) submit to Congress—
sion shall submit to the Committee on En- shall have expertise in— (I) the report of the Board under subpara-
ergy and Commerce of the House of Rep- (A) the field of economics or workforce de- graph (A); and
resentatives and the Committee on Energy velopment; (II) the response of the Secretary under
and Natural Resources of the Senate a report (B) relevant traditional energy industries clause (i).
on information relating to hiring, vacancies, or clean energy industries; (C) PUBLIC AVAILABILITY OF REPORT.—
and compensation at the Federal Energy (C) secondary or postsecondary education; (i) IN GENERAL.—The Board shall make
Regulatory Commission. (D) energy workforce development or ap- each report under subparagraph (A) available
(2) INCLUSIONS.—Each report under para- prenticeship programs of States or units of to the public on the earlier of—
graph (1) shall include— local government; (I) the date on which the Board receives
(E) relevant organized labor organizations; the response of the Secretary under subpara-
(A) an analysis of any trends with respect
or graph (B)(i); and
to hiring, vacancies, and compensation at
(F) bringing underrepresented groups, in- (II) the date that is 90 days after the date
the Federal Energy Regulatory Commission;
cluding racial and ethnic minorities, women, on which the Board submitted the report to
and
veterans, and socioeconomically disadvan- the Secretary.
(B) a description of the efforts to retain
taged individuals, into the workforce. (ii) REQUIREMENT.—If the Board has re-
and attract employees or other personnel re-
(4) LIMITATION.—No individual shall be ap- ceived a response to a report from the Sec-
sponsible for conducting work of a scientific,
pointed to the Board who is an employee or retary under subparagraph (B)(i), the Board
technological, engineering, or mathematical
a board member of an entity applying for a shall make that response publicly available
nature at the Federal Energy Regulatory
grant under section 2305 or 2306. with the applicable report.
Commission. (c) ADVISORY BOARD REVIEW AND REC- (d) ENERGY JOBS SURVEY AND ANALYSIS.—
(c) APPLICABILITY.—The amendment made
OMMENDATIONS.— (1) IN GENERAL.—The Secretary, acting
by subsection (a) shall apply beginning on
(1) DETERMINATION BY BOARD.—In devel- through the Administrator of the Energy In-
the date that is 30 days after the date of en-
oping the strategy required under subsection formation Administration, shall—
actment of this Act.
(a), the Board shall— (A) conduct a voluntary survey of employ-
SEC. 2303. REPORT ON THE AUTHORITY OF THE
SECRETARY TO IMPLEMENT FLEXI-
(A) determine whether there are opportuni- ers in the energy, energy efficiency, and
BLE COMPENSATION MODELS. ties to more effectively and efficiently use motor vehicle sectors of the economy of the
Not later than 180 days after the date of the capabilities of the Department in the de- United States; and
enactment of this Act, the Secretary shall velopment of a skilled energy workforce; (B) perform an analysis of the employment
submit to Congress a report examining the (B) identify ways in which the Department figures and demographics in those sectors,
full scope of the hiring authority made avail- could work with other relevant Federal including the number of personnel in each
able to the Secretary by the Office of Per- agencies, States, units of local government, sector who devote a substantial portion of
sonnel Management to implement flexible institutions of higher education, labor orga- working hours, as determined by the Sec-
compensation models, including pay for per- nizations, Indian tribes and tribal organiza- retary, to compliance matters.
formance and pay banding, throughout the tions, and industry in the development of a (2) METHODOLOGY.—In conducting the sur-
Department, including at the National Lab- skilled energy workforce; vey and analysis under paragraph (1), the
oratories, for the purposes of hiring, recruit- (C) identify ways in which the Department Secretary shall employ a methodology
ing, and retaining employees responsible for and National Laboratories can— that—
conducting work of a scientific, techno- (i) increase outreach to minority-serving (A) was approved in 2016 by the Office of
logical, engineering, or mathematical na- institutions; and Management and Budget for use in the docu-
ture. (ii) make resources available to increase ment entitled ‘‘OMB Control Number 1910–
SEC. 2304. 21ST CENTURY ENERGY WORKFORCE the number of skilled minorities and women 5179’’;
ADVISORY BOARD. trained to go into the energy- and manufac- (B) uses a representative, stratified sam-
(a) ESTABLISHMENT.—The Secretary shall turing-related sectors; pling of businesses in the United States; and
establish a board, to be known as the ‘‘21st (iii) increase outreach to displaced and un- (C) is designed to elicit a comparable num-
Century Energy Workforce Advisory Board’’, employed energy sector workers; and ber of responses from businesses in each
to develop a strategy for the Department (iv) make resources available to provide State and with the same North American In-
that, with respect to the role of the Depart- training to displaced and unemployed energy dustry Classification System codes as were
ment in the support and development of a sector workers to reenter the energy work- received for the 2016 and 2017 reports entitled
skilled energy workforce— force; and ‘‘U.S. Energy and Employment Report’’.
(1) meets the current and future industry (D)(i) identify the energy sectors in great- (3) CONSULTATION.—In conducting the sur-
and labor needs of the energy sector; est need of workforce training; and vey and analysis under paragraph (1), the
(2) provides opportunities for students to (ii) in consultation with the Secretary of Secretary shall consult with key stake-
become qualified for placement in tradi- Labor, develop guidelines for the skills nec- holders, including—
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tional energy sector and clean energy sector essary to develop a workforce trained to (A) as the Secretary determines to be ap-
jobs; work in those energy sectors. propriate, the heads of relevant Federal
(3) identifies areas in which the Depart- (2) REQUIRED ANALYSIS.—In developing the agencies and offices, including—
ment can effectively utilize the technical ex- strategy required under subsection (a), the (i) the Secretary of Commerce;
pertise of the Department to support the Board shall analyze the effectiveness of— (ii) the Secretary of Transportation;
workforce activities of other Federal agen- (A) existing Department-directed support; (iii) the Director of the Bureau of the Cen-
cies; and sus;
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S1402 CONGRESSIONAL RECORD — SENATE March 3, 2020
(iv) the Commissioner of the Bureau of veterans, and displaced and unemployed en- associated security requirements of such lab-
Labor Statistics; and ergy workers; oratory or facility; and
(v) the Administrator of the Environ- (2) make resources available to— (C) is eligible to enter into an agreement
mental Protection Agency; (A) minority-serving institutions, with the with such laboratory or facility that would
(B) officials of State agencies responsible objective of increasing the number of skilled be paid for in part or entirely from grant
for maintaining State employment data; minorities and women trained to go into the funds received under this section;
(C) the State Energy Advisory Board estab- energy and manufacturing sectors; (3) demonstrates the ability to recruit and
lished by section 365(g) of the Energy Policy (B) institutions that serve veterans, with support individuals who plan to work in the
and Conservation Act (42 U.S.C. 6325(g)); the objective of increasing the number vet- energy industry in the successful completion
(D) energy industry trade associations; and erans in the energy industry by ensuring of relevant job training and education pro-
(E) labor organizations with significant en- that veterans have the credentials and train- grams;
ergy experience. ing necessary to secure careers in the energy (4) provides students who complete a pro-
(e) REPORTS BY THE SECRETARY.— industry; and gram funded by a grant awarded under this
(1) REPORT ON WORKFORCE BOARD.—Not (C) institutions that serve displaced and section with a recognized postsecondary cre-
later than 180 days before the date of expira- unemployed energy workers to increase the dential; and
tion of a term of the Board under subsection number of individuals trained for jobs in the (5) demonstrates successful outcomes con-
(g), the Secretary shall submit to the Com- energy industry; necting graduates of preapprenticeship or ap-
mittees on Energy and Natural Resources (3) encourage the energy industry to im- prenticeship programs to careers relevant to
and Appropriations of the Senate and the prove the opportunities for students of mi- such programs.
Committees on Energy and Commerce and nority-serving institutions, veterans, and (d) APPLICATIONS.—An eligible entity desir-
Appropriations of the House of Representa- displaced and unemployed energy workers to ing a grant under this section shall submit
tives a report that— participate in internships, to the Secretary an application at such time,
(A) describes the effectiveness and accom- preapprenticeships, and cooperative work- in such manner, and containing such infor-
plishments of the Board during the applica- study programs in the energy industry; and mation as the Secretary may require.
ble term; (4) work with the National Laboratories to (e) PRIORITY.—In selecting eligible entities
(B) contains a determination of the Sec- increase the participation of underrep- to receive grants under this section, the Sec-
retary as to whether the Board should be re- resented groups, veterans, and displaced and retary shall prioritize applicants that—
newed; and unemployed energy workers in internships, (1) house the preapprenticeship or appren-
(C) if the Secretary determines that the fellowships, training programs, and employ- ticeship programs in an institution of higher
Board should be renewed, any recommenda- ment at the National Laboratories. education that includes basic science and
tions as to whether and how the scope and (g) TERM.— math education in the curriculum of the in-
functions of the Board should be modified. (1) IN GENERAL.—Subject to paragraph (2), stitution of higher education;
(2) ENERGY AND EMPLOYMENT REPORT.— the Board shall terminate on September 30, (2) work with the Secretary of Defense and
(A) IN GENERAL.—Not later than 1 year 2025. the Secretary of Veterans Affairs or veteran
after the date of enactment of this Act, and (2) EXTENSIONS.—The Secretary may renew service organizations recognized by the Sec-
annually thereafter, the Secretary shall— the Board for 1 or more 5-year periods by retary of Veterans Affairs under section 5902
(i) make publicly available on the website submitting, not later than the date described of title 38, United States Code, to transition
of the Department a report, to be entitled in subsection (e)(1), a report described in members of the Armed Forces and veterans
the ‘‘U.S. Energy and Employment Report’’, that subsection that contains a determina- to careers in the energy sector;
describing the employment figures and de- tion by the Secretary that the Board should (3) work with—
mographics in the energy, energy efficiency, be renewed. (A) Indian tribes;
and motor vehicle sectors of the United SEC. 2305. NATIONAL LABORATORY JOBS ACCESS
(B) tribal organizations; and
States based on the survey and analysis con- PILOT PROGRAM. (C) Native American veterans (as defined
ducted under subsection (d); and in section 3765 of title 38, United States
(a) IN GENERAL.—Not later than 1 year
(ii) subject to the requirements of the Con- Code), including veterans who are descend-
after the date of enactment of this Act, the
fidential Information Protection and Statis- ants of Natives (as defined in section 3 of the
Secretary, in consultation with the Sec-
tical Efficiency Act of 2002 (44 U.S.C. 3501 Alaska Native Claims Settlement Act (43
retary of Labor, shall establish a pilot pro-
note; Public Law 107–347), make the data col- U.S.C. 1602));
gram to award, on a competitive basis,
lected under subsection (d) publicly available (4) apply as a State or regional consortia
grants to eligible entities described in sub-
on the website of the Department. to leverage best practices already available
section (c) for the Federal share of the costs
(B) CONTENTS.— in the State or region in which an institu-
of technical, skills-based preapprenticeship
(i) IN GENERAL.—The report under subpara- tion of higher education is located;
and apprenticeship programs that provide
graph (A) shall include employment figures (5) have a State-supported entity included
employer-driven or recognized postsecondary
and demographic data for— in the consortium applying for the grant;
credentials.
(I) the energy sector of the economy of the (6) provide support services and career
(b) REQUIREMENTS.—A program funded by a
United States, including— coaching;
grant awarded under this section shall de-
(aa) the electric power generation and (7) provide introductory energy workforce
velop and deliver customized and com-
fuels sectors; and development training;
petency-based training that—
(bb) the transmission, storage, and dis- (8) work with minority-serving institutions
(1) is focused on skills and qualifications
tribution sectors; to provide job training to increase the num-
needed to meet the immediate and on-going
(II) the energy efficiency sector of the ber of skilled minorities and women in the
needs of traditional and emerging technician
economy of the United States; and energy sector; or
positions (including machinists and cyber se-
(III) the motor vehicle sector of the econ- (9) provide job training for displaced and
curity technicians) at the National Labora-
omy of the United States. unemployed workers in the energy sector.
tories and covered facilities of the National (f) ADDITIONAL CONSIDERATION.—In making
(ii) INCLUSION.—With respect to each sector Nuclear Security Administration; grants under this section, the Secretary
described in clause (i), the report under sub- (2) creates an apprenticeship program or shall consider regional diversity.
paragraph (A) shall include employment fig- preapprenticeship partnership with a Na- (g) LIMITATION ON APPLICATIONS.—An eligi-
ures and demographic data sorted by— tional Laboratory or covered facility of the ble entity may not submit, either individ-
(I) each technology, subtechnology, and National Nuclear Security Administration; ually or as part of a joint application, more
fuel type of those sectors; and and than 1 application for a grant under this sec-
(II) subject to the requirements of the Con- (3) creates an apprenticeship program or tion during any 1 fiscal year.
fidential Information Protection and Statis- preapprenticeship program with the Sec- (h) LIMITATIONS ON AMOUNT OF GRANT.—
tical Efficiency Act of 2002 (44 U.S.C. 3501 retary of Labor or a State department of The amount of an individual grant for any
note; Public Law 107–347)— labor in coordination with a National Lab- 24-month period shall not exceed $500,000.
(aa) each State; oratory or covered facility of the National (i) FEDERAL SHARE.—The Federal share of
(bb) each territory of the United States; Nuclear Security Administration. the cost of a preapprenticeship or appren-
(cc) the District of Columbia; and (c) ELIGIBLE ENTITIES.—To be eligible to ticeship program carried out using a grant
(dd) to the maximum extent practicable, receive a grant under this section, an entity under this section shall be not greater than
each county (or equivalent jurisdiction) in shall be an eligible sponsor that— 50 percent.
the United States. (1) demonstrates experience in imple- (j) REPORT.—Not later than 1 year after the
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(f) OUTREACH TO MINORITY-SERVING INSTI- menting and operating apprenticeship pro- date on which the first grant is awarded
TUTIONS, VETERANS, AND DISPLACED AND UN- grams or preapprenticeship programs; under this section, and annually thereafter
EMPLOYED ENERGY WORKERS.—In developing (2)(A) has a relationship with a National for 5 years, the Secretary shall submit to
the strategy under subsection (a), the Board Laboratory or covered facility of the Na- Congress and make publicly available on the
shall— tional Nuclear Security Administration; website of the Department a report on the
(1) give special consideration to increasing (B) has knowledge of technician workforce pilot program established under this section,
outreach to minority-serving institutions, needs of such laboratory or facility and the including a description of—
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March 3, 2020 CONGRESSIONAL RECORD — SENATE S1403
(1) the entities receiving grants; (ii) that are minorities, women, veterans, (2) by striking the item relating to section
(2) the activities carried out using the or individuals who are transitioning from 385.
grants; fossil energy sector jobs; SEC. 3002. REPEAL OF METHANOL STUDY.
(3) best practices used to leverage the in- (B) provides trainees with the opportunity Section 400EE of the Energy Policy and
vestment of the Federal Government; and to obtain real-world experience; Conservation Act (42 U.S.C. 6374d) is amend-
(4) an assessment of the results achieved (C) has fewer than 100 employees; and ed—
by the pilot program, including the rate of (D) in the case of a preapprenticeship pro- (1) by striking subsection (a); and
employment at the National Laboratories gram, demonstrates— (2) by redesignating subsections (b) and (c)
for participants after completing a (i) a multi-year record of— as subsections (a) and (b), respectively.
preapprenticeship or apprenticeship program (I) successfully recruiting minorities,
SEC. 3003. REPEAL OF STATE UTILITY REGU-
carried out using a grant awarded under this women, and veterans for training; and LATORY ASSISTANCE.
section. (II) supporting those individuals in the suc-
(a) REPEAL.—Section 207 of the Energy
(k) AUTHORIZATION OF APPROPRIATIONS.— cessful completion of the preapprenticeship
Conservation and Production Act (42 U.S.C.
There is authorized to be appropriated to program; and
6807) is repealed.
carry out this section $5,000,000 for each of (ii) a successful multi-year record of plac-
ing the majority of the graduates of the (b) CONFORMING AMENDMENT.—The table of
fiscal years 2021 through 2025. contents for the Energy Conservation and
preapprenticeship program into apprentice-
SEC. 2306. CLEAN ENERGY WORKFORCE PILOT
ship programs. Production Act (Public Law 94–385; 90 Stat.
PROGRAM. 1126) is amended by striking the item relat-
(3) USE OF GRANT FOR FEDERAL SHARE.—
(a) DEFINITIONS.—In this section: (A) IN GENERAL.—An eligible entity shall ing to section 207.
(1) ELIGIBLE ENTITY.—The term ‘‘eligible use a grant received under the pilot program SEC. 3004. REPEAL OF AUTHORIZATION OF AP-
entity’’ means a business, labor organiza- PROPRIATIONS PROVISION.
to pay the Federal share of the cost of—
tion, or labor management organization (i) providing on-the-job training for an em- (a) REPEAL.—Section 208 of the Energy
that— ployee, in accordance with subparagraph (B); Conservation and Production Act (42 U.S.C.
(A)(i) is directly involved with energy effi- or 6808) is repealed.
ciency, renewable energy technology, or re- (ii) in the case of a preapprenticeship pro- (b) CONFORMING AMENDMENT.—The table of
duction in greenhouse gas emissions, as de- gram— contents for the Energy Conservation and
termined by the Secretary of Labor in con- (I) recruiting minorities, women, and vet- Production Act (Public Law 94–385; 90 Stat.
sultation with the Secretary; or erans for training; 1126) is amended by striking the item relat-
(ii) works on behalf of a business or labor (II) supporting those individuals in the suc- ing to section 208.
management organization that is directly in- cessful completion of the preapprenticeship SEC. 3005. REPEAL OF RESIDENTIAL ENERGY EF-
volved with energy efficiency, renewable en- program; and FICIENCY STANDARDS STUDY.
ergy technology, or reduction in greenhouse (III) carrying out any other activity of the (a) REPEAL.—Section 253 of the National
gas emissions, as determined by the Sec- preapprenticeship program, as determined to Energy Conservation Policy Act (42 U.S.C.
retary of Labor in consultation with the Sec- be appropriate by the Secretary of Labor, in 8232) is repealed.
retary; or consultation with the Secretary. (b) CONFORMING AMENDMENT.—The table of
(B) provides services related to— (B) FEDERAL SHARE AMOUNT.—The Federal contents for the National Energy Conserva-
(i) energy efficiency and renewable energy share described in subparagraph (A) shall not tion Policy Act (Public Law 95–619; 92 Stat.
technology deployment and maintenance; exceed— 3206) is amended by striking the item relat-
(ii) grid modernization; or (i) for activities described in clause (i) of ing to section 253.
(iii) reduction in greenhouse gas emissions that subparagraph— SEC. 3006. REPEAL OF WEATHERIZATION STUDY.
through the use of other low-carbon tech- (I) in the case of an eligible entity with 20
nologies. (a) REPEAL.—Section 254 of the National
or fewer employees, 45 percent of the cost of Energy Conservation Policy Act (42 U.S.C.
(2) LABOR MANAGEMENT ORGANIZATION.—The on-the-job-training for an employee;
term ‘‘labor management organization’’ in- 8233) is repealed.
(II) in the case of an eligible entity with (b) CONFORMING AMENDMENT.—The table of
cludes a nonprofit organization or qualified not fewer than 21 employees and not more
youth or conservation corps that provides contents for the National Energy Conserva-
than 99 employees, 37.5 percent of the cost of tion Policy Act (Public Law 95–619; 92 Stat.
training to individuals to work for an eligi- on-the-job-training for an employee; and
ble entity that is a business, or works on be- 3206) is amended by striking the item relat-
(III) in the case of an eligible entity with ing to section 254.
half of an eligible entity that is a business. not fewer than 100 employees, 25 percent of
(3) PILOT PROGRAM.—The term ‘‘pilot pro- SEC. 3007. REPEAL OF REPORT TO CONGRESS.
the cost of on-the-job-training for an em-
gram’’ means the pilot program established ployee; and (a) REPEAL.—Section 273 of the National
under subsection (b). (ii) for activities described in clause (ii) of Energy Conservation Policy Act (42 U.S.C.
(b) ESTABLISHMENT.—The Secretary of that subparagraph, 50 percent. 8236b) is repealed.
Labor, in consultation with the Secretary (4) EMPLOYER PAYMENT OF NON-FEDERAL (b) CONFORMING AMENDMENT.—The table of
and in accordance with section 169(b) of the SHARE.— contents for the National Energy Conserva-
Workforce Innovation and Opportunity Act (A) IN GENERAL.—The non-Federal share of tion Policy Act (Public Law 95–619; 92 Stat.
(29 U.S.C. 3224(b)), shall establish a pilot pro- the cost of providing on-the-job training for 3206) is amended by striking the item relat-
gram to provide competitively awarded cost- an employee under a grant received under ing to section 273.
shared grants to eligible entities to pay for— the pilot program shall be paid in cash or in SEC. 3008. REPEAL OF SURVEY OF ENERGY SAV-
(1) on-the-job training of a new or existing kind by the employer of the employee receiv- ING POTENTIAL.
employee to work— ing the training. (a) REPEAL.—Section 550 of the National
(A) in renewable energy, energy efficiency, (B) INCLUSIONS.—The non-Federal share de- Energy Conservation Policy Act (42 U.S.C.
or grid modernization; or scribed in subparagraph (A)(i) may include 8258b) is repealed.
(B) on the reduction of greenhouse gas the amount of wages paid by the employer to (b) CONFORMING AMENDMENTS.—
emissions; or the employee during the time that the em- (1) The table of contents for the National
(2) preapprenticeship programs that pro- ployee is receiving on-the-job training, as Energy Conservation Policy Act (Public Law
vide a direct pathway to a career working— fairly evaluated by the Secretary of Labor. 95–619; 92 Stat. 3206; 106 Stat. 2851) is amend-
(A) in renewable energy, energy efficiency, (5) GRANT AMOUNT.—An eligible entity may ed by striking the item relating to section
or grid modernization; or not receive more than $100,000 per fiscal year 550.
(B) on the reduction of greenhouse gas in grant funds under the pilot program. (2) Section 543(d)(2) of the National Energy
emissions. (d) AUTHORIZATION OF APPROPRIATIONS.— Conservation Policy Act (42 U.S.C. 8253(d)(2))
(c) GRANTS.— There is authorized to be appropriated to is amended by striking ‘‘, incorporating any
(1) IN GENERAL.—An eligible entity desiring carry out this section $15,000,000 for each of relevant information obtained from the sur-
a grant under the pilot program shall submit fiscal years 2021 through 2023. vey conducted pursuant to section 550’’.
to the Secretary of Labor an application at TITLE III—CODE MAINTENANCE SEC. 3009. REPEAL OF REPORT BY GENERAL
such time, in such manner, and containing SEC. 3001. REPEAL OF OFF-HIGHWAY MOTOR VE- SERVICES ADMINISTRATION.
such information as the Secretary of Labor HICLES STUDY. (a) REPEAL.—Section 154 of the Energy Pol-
may require. (a) REPEAL.—Part I of title III of the En- icy Act of 1992 (42 U.S.C. 8262a) is repealed.
(2) PRIORITY FOR TARGETED COMMUNITIES.— ergy Policy and Conservation Act (42 U.S.C. (b) CONFORMING AMENDMENTS.—
dlhill on DSKBBY8HB2PROD with SENATE
In providing grants under the pilot program, 6373) is repealed. (1) The table of contents for the Energy
the Secretary of Labor, in consultation with (b) CONFORMING AMENDMENT.—The table of Policy Act of 1992 (Public Law 102–486; 106
the Secretary shall give priority to an eligi- contents for the Energy Policy and Con- Stat. 2776) is amended by striking the item
ble entity that— servation Act (Public Law 94–163; 89 Stat. relating to section 154.
(A) recruits employees— 871) is amended— (2) Section 159 of the Energy Policy Act of
(i) from the 1 or more communities that (1) by striking the item relating to part I 1992 (42 U.S.C. 8262e) is amended by striking
are served by the eligible entity; and of title III; and subsection (c).
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S1404 CONGRESSIONAL RECORD — SENATE March 3, 2020
SEC. 3010. REPEAL OF INTERGOVERNMENTAL EN- (b) CONFORMING AMENDMENT.—The table of (2) Part B of title II of the Emergency En-
ERGY MANAGEMENT PLANNING AND contents for the Powerplant and Industrial ergy Conservation Act of 1979 (42 U.S.C. 8521
COORDINATION WORKSHOPS.
Fuel Use Act of 1978 (Public Law 95–620; 92 et seq.) is repealed.
(a) REPEAL.—Section 156 of the Energy Pol- Stat. 3289) is amended by striking the item (3) Section 241 of the Emergency Energy
icy Act of 1992 (42 U.S.C. 8262b) is repealed. relating to section 741. Conservation Act of 1979 (42 U.S.C. 8531) is re-
(b) CONFORMING AMENDMENT.—The table of
SEC. 3017. REPEAL OF STUDY ON COMPLIANCE pealed.
contents for the Energy Policy Act of 1992 PROBLEM OF SMALL ELECTRIC (b) CONFORMING AMENDMENTS.—
(Public Law 102–486; 106 Stat. 2776) is amend- UTILITY SYSTEMS. (1) The table of contents for the Emer-
ed by striking the item relating to section (a) REPEAL.—Section 744 of the Powerplant gency Energy Conservation Act of 1979 (Pub-
156. and Industrial Fuel Use Act of 1978 (42 U.S.C. lic Law 96–102; 93 Stat. 749) is amended—
SEC. 3011. REPEAL OF INSPECTOR GENERAL 8454) is repealed. (A) by striking the item relating to section
AUDIT SURVEY AND PRESIDENT’S
(b) CONFORMING AMENDMENT.—The table of 201 and inserting the following:
COUNCIL ON INTEGRITY AND EFFI-
CIENCY REPORT TO CONGRESS. contents for the Powerplant and Industrial ‘‘Sec. 201. Purposes.’’;
(a) REPEAL.—Section 160 of the Energy Pol- Fuel Use Act of 1978 (Public Law 95–620; 92 (B) by striking the item relating to part B
icy Act of 1992 (42 U.S.C. 8262f) is amended by Stat. 3289) is amended by striking the item of title II; and
striking the section designation and heading relating to section 744. (C) by striking the items relating to sec-
and all that follows through ‘‘(c) INSPECTOR SEC. 3018. REPEAL OF STUDY OF SOCIO- tions 221, 222, and 241.
ECONOMIC IMPACTS OF INCREASED (2) Section 251(b) of the Emergency Energy
GENERAL REVIEW.—Each Inspector General’’
COAL PRODUCTION AND OTHER EN-
and inserting the following: ERGY DEVELOPMENT.
Conservation Act of 1979 (42 U.S.C. 8541(b)) is
‘‘SEC. 160. INSPECTOR GENERAL REVIEW. amended—
(a) REPEAL.—Section 746 of the Powerplant
‘‘Each Inspector General’’. (A) by striking ‘‘or 221’’ each place it ap-
and Industrial Fuel Use Act of 1978 (42 U.S.C.
(b) CONFORMING AMENDMENT.—The table of pears; and
8456) is repealed.
contents for the Energy Policy Act of 1992 (b) CONFORMING AMENDMENT.—The table of (B) by striking ‘‘(as the case may be)’’.
(Public Law 102–486; 106 Stat. 2776) is amend- contents for the Powerplant and Industrial SEC. 3024. ENERGY SECURITY ACT REPEALS.
ed by striking the item relating to section Fuel Use Act of 1978 (Public Law 95–620; 92 (a) BIOMASS ENERGY DEVELOPMENT
160 and inserting the following: Stat. 3289) is amended by striking the item PLANS.—Subtitle A of title II of the Energy
‘‘Sec. 160. Inspector General review.’’. relating to section 746. Security Act (42 U.S.C. 8811 et seq.) is re-
SEC. 3012. REPEAL OF PROCUREMENT AND IDEN- pealed.
SEC. 3019. REPEAL OF STUDY OF THE USE OF PE-
TIFICATION OF ENERGY EFFICIENT TROLEUM AND NATURAL GAS IN
(b) MUNICIPAL WASTE BIOMASS ENERGY.—
PRODUCTS PROGRAM. COMBUSTORS. Subtitle B of title II of the Energy Security
(a) REPEAL.—Section 161 of the Energy Pol- (a) REPEAL.—Section 747 of the Powerplant Act (42 U.S.C. 8831 et seq.) is repealed.
icy Act of 1992 (42 U.S.C. 8262g) is repealed. (c) USE OF GASOHOL IN FEDERAL MOTOR VE-
and Industrial Fuel Use Act of 1978 (42 U.S.C.
(b) CONFORMING AMENDMENTS.— HICLES.—Section 271 of the Energy Security
8457) is repealed.
(1) The table of contents for the Energy Act (42 U.S.C. 8871) is repealed.
(b) CONFORMING AMENDMENT.—The table of
Policy Act of 1992 (Public Law 102–486; 106 (d) CONFORMING AMENDMENTS.—
contents for the Powerplant and Industrial
Stat. 2776) is amended by striking the item (1) The table of contents for the Energy Se-
Fuel Use Act of 1978 (Public Law 95–620; 92
relating to section 161. curity Act (Public Law 96–294; 94 Stat. 611) is
Stat. 3289) is amended by striking the item
(2) Section 548(b) of the National Energy amended—
relating to section 747.
Conservation Policy Act (42 U.S.C. 8258(b)) (A) by striking the items relating to sub-
SEC. 3020. REPEAL OF AUTHORIZATION OF AP-
(as amended by section 1033(a)) is amended— title A of title II;
PROPRIATIONS.
(A) in paragraph (3), by inserting ‘‘and’’ (B) by striking the items relating to sub-
(a) REPEAL.—Subtitle F of title VII of the
after the semicolon at the end; title B of title II;
Powerplant and Industrial Fuel Use Act of
(B) by striking paragraph (4); and (C) by striking the item relating to section
1978 (42 U.S.C. 8461) is repealed.
(C) by redesignating paragraph (5) as para- 204 and inserting the following:
(b) CONFORMING AMENDMENT.—The table of
graph (4). contents for the Powerplant and Industrial ‘‘Sec. 204. Funding.’’;
SEC. 3013. REPEAL OF PHOTOVOLTAIC ENERGY Fuel Use Act of 1978 (Public Law 95–620; 92 and
PROGRAM.
Stat. 3289) is amended— (D) by striking the item relating to section
(a) REPEAL.—Part 4 of title V of the Na- (1) by striking the item relating to subtitle 271.
tional Energy Conservation Policy Act (42 F of title VII; and (2) Section 203 of the Biomass Energy and
U.S.C. 8271 et seq.) is repealed. (2) by striking the item relating to section Alcohol Fuels Act of 1980 (42 U.S.C. 8802) is
(b) CONFORMING AMENDMENT.—The table of amended—
751.
contents for the National Energy Conserva- (A) by striking paragraph (16); and
SEC. 3021. REPEAL OF SUBMISSION OF REPORTS.
tion Policy Act (Public Law 95–619; 92 Stat. (B) by redesignating paragraphs (17)
3206) is amended— (a) REPEAL.—Section 807 of the Powerplant
and Industrial Fuel Use Act of 1978 (42 U.S.C. through (19) as paragraphs (16) through (18),
(1) by striking the item relating to part 4 respectively.
of title V; and 8483) is repealed.
(b) CONFORMING AMENDMENT.—The table of (3) Section 204 of the Energy Security Act
(2) by striking the items relating to sec- (42 U.S.C. 8803) is amended—
contents for the Powerplant and Industrial
tions 561 through 570. (A) in the section heading, by striking
Fuel Use Act of 1978 (Public Law 95–620; 92
SEC. 3014. REPEAL OF NATIONAL ACTION PLAN ‘‘FOR SUBTITLES A AND B’’; and
FOR DEMAND RESPONSE.
Stat. 3289) is amended by striking the item
relating to section 807. (B) in subsection (a)—
(a) REPEAL.—Part 5 of title V of the Na- (i) in paragraph (1), by adding ‘‘and’’ after
tional Energy Conservation Policy Act (42 SEC. 3022. REPEAL OF ELECTRIC UTILITY CON-
SERVATION PLAN. the semicolon at the end;
U.S.C. 8279) is repealed. (ii) in paragraph (2), by striking ‘‘; and’’ at
(b) CONFORMING AMENDMENT.—The table of (a) REPEAL.—Section 808 of the Powerplant
and Industrial Fuel Use Act of 1978 (42 U.S.C. the end and inserting a period; and
contents for the National Energy Conserva- (iii) by striking paragraph (3).
tion Policy Act (Public Law 95–619; 92 Stat. 8484) is repealed.
(b) CONFORMING AMENDMENTS.— SEC. 3025. NUCLEAR SAFETY RESEARCH, DEVEL-
3206; 121 Stat. 1665) is amended— OPMENT, AND DEMONSTRATION ACT
(1) by striking the item relating to part 5 (1) TABLE OF CONTENTS.—The table of con-
OF 1980 REPEALS.
of title V; and tents for the Powerplant and Industrial Fuel
Sections 5 and 6 of the Nuclear Safety Re-
(2) by striking the item relating to section Use Act of 1978 (Public Law 95–620; 92 Stat.
search, Development, and Demonstration
571. 3289) is amended by striking the item relat-
Act of 1980 (42 U.S.C. 9704, 9705) are repealed.
SEC. 3015. REPEAL OF ENERGY AUDITOR TRAIN-
ing to section 808.
SEC. 3026. REPEAL OF RENEWABLE ENERGY AND
ING AND CERTIFICATION. (2) REPORT ON IMPLEMENTATION.—Section ENERGY EFFICIENCY TECHNOLOGY
(a) REPEAL.—Subtitle F of title V of the 712 of the Powerplant and Industrial Fuel COMPETITIVENESS ACT OF 1989.
Energy Security Act (42 U.S.C. 8285 et seq.) is Use Act of 1978 (42 U.S.C. 8422) is amended— (a) REPEAL.—The Renewable Energy and
repealed. (A) by striking ‘‘(a) GENERALLY.—’’; and Energy Efficiency Technology Competitive-
(b) CONFORMING AMENDMENT.—The table of (B) by striking subsection (b). ness Act of 1989 (42 U.S.C. 12001 et seq.) is re-
contents for the Energy Security Act (Public SEC. 3023. EMERGENCY ENERGY CONSERVATION pealed.
Law 96–294; 94 Stat. 611) is amended— REPEALS. (b) CONFORMING AMENDMENTS.—
(1) by striking the item relating to subtitle (a) REPEALS.— (1) Section 6(b)(3) of the Federal Non-
F of title V; and (1) Section 201 of the Emergency Energy nuclear Energy Research and Development
dlhill on DSKBBY8HB2PROD with SENATE
(2) by striking the items relating to sec- Conservation Act of 1979 (42 U.S.C. 8501) is Act of 1974 (42 U.S.C. 5905(b)(3)) (as amended
tions 581 through 584. amended by striking the section designation by section 1205(c)(2)) is amended—
SEC. 3016. REPEAL OF NATIONAL COAL POLICY and heading and all that follows through ‘‘(b) (A) in subparagraph (P), by adding ‘‘and’’
STUDY. PURPOSES.—The purposes’’ and inserting the after the semicolon;
(a) REPEAL.—Section 741 of the Powerplant following: (B) by striking subparagraph (Q); and
and Industrial Fuel Use Act of 1978 (42 U.S.C. ‘‘SEC. 201. PURPOSES. (C) by redesignating subparagraph (R) as
8451) is repealed. ‘‘The purposes’’. subparagraph (Q).
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March 3, 2020 CONGRESSIONAL RECORD — SENATE S1405
(2) Section 1204 of the Energy Policy Act of (Public Law 102–486; 106 Stat. 2776) is amend- ed by striking the item relating to section
1992 (42 U.S.C. 13313) is amended— ed by striking the item relating to section 3015.
(A) in subsection (b), in the matter pre- 1604. SEC. 3039. ELIMINATION AND CONSOLIDATION OF
ceding paragraph (1), in the first sentence, by SEC. 3034. REPEAL OF TELECOMMUTING STUDY. CERTAIN AMERICA COMPETES PRO-
striking ‘‘, in consultation with’’ and all (a) IN GENERAL.—Section 2028 of the En- GRAMS.
that follows through ‘‘under section 6 of the ergy Policy Act of 1992 (42 U.S.C. 13438) is re- (a) ELIMINATION OF PROGRAM AUTHORI-
Renewable Energy and Energy Efficiency pealed. TIES.—
Technology Competitiveness Act of 1989,’’; (b) CONFORMING AMENDMENT.—The table of (1) NUCLEAR SCIENCE TALENT EXPANSION
and contents for the Energy Policy Act of 1992 PROGRAM FOR INSTITUTIONS OF HIGHER EDU-
(B) in subsection (c), by striking ‘‘, in con- (Public Law 102–486; 106 Stat. 2776) is amend- CATION.—Section 5004 of the America COM-
sultation with the Advisory Committee,’’. ed by striking the item relating to section PETES Act (42 U.S.C. 16532) is repealed.
SEC. 3027. REPEAL OF HYDROGEN RESEARCH, 2028. (2) HYDROCARBON SYSTEMS SCIENCE TALENT
DEVELOPMENT, AND DEMONSTRA- SEC. 3035. REPEAL OF ADVANCED BUILDINGS EXPANSION PROGRAM FOR INSTITUTIONS OF
TION PROGRAM. FOR 2005 PROGRAM. HIGHER EDUCATION.—Section 5005 of the
The Spark M. Matsunaga Hydrogen Re- (a) IN GENERAL.—Section 2104 of the En- America COMPETES Act (42 U.S.C. 16533) is
search, Development, and Demonstration ergy Policy Act of 1992 (42 U.S.C. 13454) is re- amended—
Act of 1990 (42 U.S.C. 12401 et seq.) is re- pealed. (A) by striking subsection (e); and
pealed. (b) CONFORMING AMENDMENT.—The table of (B) in subsection (f)—
SEC. 3028. REPEAL OF STUDY ON ALTERNATIVE contents for the Energy Policy Act of 1992 (i) by striking paragraph (2);
FUEL USE IN NONROAD VEHICLES (Public Law 102–486; 106 Stat. 2776) is amend-
AND ENGINES. (ii) by striking the subsection designation
ed by striking the item relating to section and heading and all that follows through
(a) IN GENERAL.—Section 412 of the Energy 2104. ‘‘There are’’ in paragraph (1) and inserting
Policy Act of 1992 (42 U.S.C. 13238) is re- SEC. 3036. REPEAL OF ENERGY RESEARCH, DE- the following:
pealed. VELOPMENT, DEMONSTRATION, AND
(b) CONFORMING AMENDMENT.—The table of COMMERCIAL APPLICATION ADVI- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—
contents for the Energy Policy Act of 1992 SORY BOARD. There are’’; and
(Public Law 102–486; 106 Stat. 2776) is amend- (a) IN GENERAL.—Section 2302 of the En- (iii) by redesignating subparagraphs (A)
ed by striking the item relating to section ergy Policy Act of 1992 (42 U.S.C. 13522) is re- through (F) as paragraphs (1) through (6), re-
412. pealed. spectively, and indenting appropriately.
SEC. 3029. REPEAL OF LOW INTEREST LOAN PRO- (b) CONFORMING AMENDMENTS.— (3) DISCOVERY SCIENCE AND ENGINEERING IN-
GRAM FOR SMALL BUSINESS FLEET (1) The table of contents for the Energy NOVATION INSTITUTES.—Section 5008 of the
PURCHASES. Policy Act of 1992 (Public Law 102–486; 106 America COMPETES Act (42 U.S.C. 16535) is
(a) IN GENERAL.—Section 414 of the Energy Stat. 2776) is amended by striking the item repealed.
Policy Act of 1992 (42 U.S.C. 13239) is re- relating to section 2302. (4) ELIMINATION OF DUPLICATIVE AUTHORITY
pealed. (2) Section 6 of the Federal Nonnuclear En- FOR EDUCATION PROGRAMS.—Sections 3181 and
(b) CONFORMING AMENDMENT.—The table of ergy Research and Development Act of 1974 3185 of the Department of Energy Science
contents for the Energy Policy Act of 1992 (42 U.S.C. 5905) is amended— Education Enhancement Act (42 U.S.C. 7381l,
(Public Law 102–486; 106 Stat. 2776) is amend- (A) in subsection (a), in the matter pre- 42 U.S.C. 7381n) are repealed.
ed by striking the item relating to section ceding paragraph (1), in the first sentence, by (5) MENTORING PROGRAM.—Section 3195 of
414. striking ‘‘, in consultation with the Advisory the Department of Energy Science Education
SEC. 3030. REPEAL OF TECHNICAL AND POLICY Board established under section 2302 of the Enhancement Act (42 U.S.C. 7381r) is re-
ANALYSIS FOR REPLACEMENT FUEL Energy Policy Act of 1992,’’; pealed.
DEMAND AND SUPPLY INFORMA- (B) in subsection (b)— (b) REPEAL OF AUTHORIZATIONS.—
TION. (i) in paragraph (1), in the first sentence, (1) DEPARTMENT OF ENERGY EARLY CAREER
(a) IN GENERAL.—Section 506 of the Energy by striking ‘‘, in consultation with the Advi- AWARDS FOR SCIENCE, ENGINEERING, AND
Policy Act of 1992 (42 U.S.C. 13256) is re- sory Board established under section 2302 of MATHEMATICS RESEARCHERS.—Section 5006 of
pealed. the Energy Policy Act of 1992,’’; and the America COMPETES Act (42 U.S.C.
(b) CONFORMING AMENDMENTS.— (ii) in paragraph (2), in the second sen- 16534) is amended by striking subsection (h).
(1) The table of contents for the Energy tence, by striking ‘‘, in consultation with the (2) PROTECTING AMERICA’S COMPETITIVE
Policy Act of 1992 (Public Law 102–486; 106 Advisory Board established under section EDGE (PACE) GRADUATE FELLOWSHIP PRO-
Stat. 2776) is amended by striking the item 2302 of the Energy Policy Act of 1992,’’; and GRAM.—Section 5009 of the America COM-
relating to section 506. (C) in subsection (c), in the first sentence, PETES Act (42 U.S.C. 16536) is amended by
(2) Section 507(m) of the Energy Policy Act by striking ‘‘, in consultation with the Advi- striking subsection (f).
of 1992 (42 U.S.C. 13257(m)) is amended by sory Board established under section 2302 of (3) DISTINGUISHED SCIENTIST PROGRAM.—
striking ‘‘and section 506’’. the Energy Policy Act of 1992,’’. Section 5011 of the America COMPETES Act
SEC. 3031. REPEAL OF 1992 REPORT ON CLIMATE (3) Section 2011(c) of the Energy Policy Act (42 U.S.C. 16537) is amended by striking sub-
CHANGE. of 1992 (42 U.S.C. 13411(c)) is amended, in the section (j).
(a) IN GENERAL.—Section 1601 of the En- second sentence, by striking ‘‘, and with the (c) CONSOLIDATION OF DUPLICATIVE PRO-
ergy Policy Act of 1992 (42 U.S.C. 13381) is re- Advisory Board established under section GRAM AUTHORITIES.—
pealed. 2302’’. (1) UNIVERSITY NUCLEAR SCIENCE AND ENGI-
(b) CONFORMING AMENDMENTS.— (4) Section 2304 of the Energy Policy Act of NEERING SUPPORT.—Section 954 of the Energy
(1) The table of contents for the Energy 1992 (42 U.S.C. 13523), is amended— Policy Act of 2005 (42 U.S.C. 16274) (as amend-
Policy Act of 1992 (Public Law 102–486; 106 (A) in subsection (a), by striking ‘‘, in con- ed by section 1504(a)) is amended in sub-
Stat. 2776) is amended by striking the item sultation with the Advisory Board estab- section (a)—
relating to section 1601. lished under section 2302,’’; and (A) in paragraph (1), by inserting ‘‘nuclear
(2) Section 1602(a) of the Energy Policy Act (B) in subsection (c), in the matter pre- chemistry,’’ after ‘‘nuclear engineering,’’;
of 1992 (42 U.S.C. 13382(a)) is amended, in the ceding paragraph (1), in the first sentence, by and
matter preceding paragraph (1), in the third striking ‘‘, with the advice of the Advisory (B) in paragraph (2)—
sentence, by striking ‘‘the report required Board established under section 2302 of this (i) by redesignating subparagraphs (C)
under section 1601 and’’. Act,’’. through (E) as subparagraphs (D) through
SEC. 3032. REPEAL OF DIRECTOR OF CLIMATE SEC. 3037. REPEAL OF STUDY ON USE OF ENERGY (F), respectively; and
PROTECTOR ESTABLISHMENT. FUTURES FOR FUEL PURCHASE. (ii) by inserting after subparagraph (B) the
(a) IN GENERAL.—Section 1603 of the En- (a) IN GENERAL.—Section 3014 of the En- following:
ergy Policy Act of 1992 (42 U.S.C. 13383) is re- ergy Policy Act of 1992 (42 U.S.C. 13552) is re- ‘‘(C) award grants, not to exceed 5 years in
pealed. pealed. duration, to institutions of higher education
(b) CONFORMING AMENDMENT.—The table of (b) CONFORMING AMENDMENT.—The table of with existing academic degree programs in
contents for the Energy Policy Act of 1992 contents for the Energy Policy Act of 1992 nuclear sciences and related fields—
(Public Law 102–486; 106 Stat. 2776) is amend- (Public Law 102–486; 106 Stat. 2776) is amend- ‘‘(i) to increase the number of graduates in
ed by striking the item relating to section ed by striking the item relating to section nuclear science and related fields;
1603. 3014. ‘‘(ii) to enhance the teaching and research
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SEC. 3033. REPEAL OF 1994 REPORT ON GLOBAL SEC. 3038. REPEAL OF ENERGY SUBSIDY STUDY. of advanced nuclear technologies;
CLIMATE CHANGE EMISSIONS. (a) IN GENERAL.—Section 3015 of the En- ‘‘(iii) to undertake collaboration with in-
(a) IN GENERAL.—Section 1604 of the En- ergy Policy Act of 1992 (42 U.S.C. 13553) is re- dustry and National Laboratories; and
ergy Policy Act of 1992 (42 U.S.C. 13384) is re- pealed. ‘‘(iv) to bolster or sustain nuclear infra-
pealed. (b) CONFORMING AMENDMENT.—The table of structure and research facilities of institu-
(b) CONFORMING AMENDMENT.—The table of contents for the Energy Policy Act of 1992 tions of higher education, such as research
contents for the Energy Policy Act of 1992 (Public Law 102–486; 106 Stat. 2776) is amend- and training reactors and laboratories;’’.
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S1406 CONGRESSIONAL RECORD — SENATE March 3, 2020
(2) CONSOLIDATION OF DEPARTMENT OF EN- technology, engineering, and mathematics MURKOWSKI and intended to be pro-
ERGY EARLY CAREER AWARDS FOR SCIENCE, EN- education.’’; and posed to the bill S. 2657, to support in-
GINEERING, AND MATHEMATICS RESEARCHERS (ii) in paragraph (3)— novation in advanced geothermal re-
PROGRAM AND DISTINGUISHED SCIENTIST PRO- (I) in subparagraph (D), by striking ‘‘and’’
GRAM.—
search and development, and for other
at the end;
(A) FUNDING.—Section 971(c) of the Energy (II) by redesignating subparagraph (E) as purposes; which was ordered to lie on
Policy Act of 2005 (42 U.S.C. 16311(c)) is subparagraph (F); and the table; as follows:
amended by adding at the end the following: (III) by inserting after subparagraph (D) At the end of subtitle B of title I, add the
‘‘(8) For the Department of Energy early the following: following:
career awards for science, engineering, and ‘‘(E) represent the Department as the prin- SEC. 12llll. UPPER MISSOURI RIVER BASIN
mathematics researchers program under sec- cipal interagency liaison for all coordination REPOWERING FEASIBILITY STUDY.
tion 5006 of the America COMPETES Act (42 activities under the President for science, (a) DEFINITIONS.—In this section:
U.S.C. 16534) and the distinguished scientist technology, engineering, and mathematics (1) MAINSTEM DAM.—The term ‘‘mainstem
program under section 5011 of that Act (42 education programs; and’’; and dam’’ means each of the major dams oper-
U.S.C. 16537), $150,000,000 for each of fiscal (B) in subsection (d)— ated by the Secretary of the Army in the
years 2018 through 2022, of which not more (i) by striking ‘‘The Secretary’’ and insert- Upper Missouri River Basin, including—
than 65 percent of the amount made avail- ing the following: (A) Fort Peck Dam in the State of Mon-
able for a fiscal year under this paragraph ‘‘(1) IN GENERAL.—The Secretary’’; and tana;
may be used to carry out section 5006 or 5011 (ii) by adding at the end the following: (B) Garrison Dam in the State of North Da-
of that Act.’’. ‘‘(2) REPORT.—Not later than 180 days after kota; and
(B) DEPARTMENT OF ENERGY EARLY CAREER the date of enactment of this paragraph, the (C) Oahe Dam, Big Bend Dam, Fort Randall
AWARDS FOR SCIENCE, ENGINEERING, AND Director shall submit a report describing the Dam, and Gavins Point Dam in the State of
MATHEMATICS RESEARCHERS.—Section 5006 of impact of the activities assisted with the South Dakota.
the America COMPETES Act (42 U.S.C. Fund established under paragraph (1) to— (2) UPPER MISSOURI RIVER BASIN.—The term
16534) is amended— ‘‘(A) the Committee on Science, Space, and ‘‘Upper Missouri River Basin’’ means the
(i) in subsection (b)(1)— Technology of the House of Representatives; Missouri River Water Management Division
(I) in the matter preceding subparagraph and (as defined by the Secretary of the Army) lo-
(A)— ‘‘(B) the Committee on Energy and Natural cated above the Gavins Point Dam in the
(aa) by inserting ‘‘average’’ before Resources of the Senate.’’. State of South Dakota.
‘‘amount’’; and (4) PROTECTING AMERICA’S COMPETITIVE (b) AUTHORIZATION OF STUDY.—The Sec-
(bb) by inserting ‘‘for each year’’ before EDGE (PACE) GRADUATE FELLOWSHIP PRO- retary shall conduct a study on the potential
‘‘shall’’; GRAM.—Section 5009 of the America COM- for hydroelectric repowering in the Upper
(II) in subparagraph (A), by striking PETES Act (42 U.S.C. 16536) is amended— Missouri River Basin.
‘‘$80,000’’ and inserting ‘‘$190,000’’; and (A) in subsection (c)— (c) CONTENTS.—The study under subsection
(III) in subparagraph (B), by striking (i) in paragraph (1) by striking ‘‘, involv- (b) shall include an examination of the po-
‘‘$125,000’’ and inserting ‘‘$490,000’’; ing’’ and all that follows through ‘‘Sec- tential for repowering the existing mainstem
(ii) in subsection (c)(1)(C)—
retary’’; and dams in the Upper Missouri River Basin, in-
(I) in clause (i)—
(ii) in paragraph (2), by striking subpara- cluding—
(aa) by striking ‘‘assistant professor or
graph (B) and inserting the following: (1) possible upgrades to existing hydro-
equivalent title’’ and inserting ‘‘untenured
‘‘(B) to demonstrate excellent academic electric infrastructure to improve the capac-
assistant or associate professor’’; and
performance and understanding of scientific ity and efficiency of generation; and
(bb) by inserting ‘‘or’’ after the semicolon
or technical subjects; and’’; (2) the estimated additional generating ca-
at the end;
(B) in subsection (d)(1)(B)(i), by inserting pacity associated with upgrades under para-
(II) by striking clause (ii); and
‘‘full or partial’’ before ‘‘graduate tuition’’; graph (1).
(III) by redesignating clause (iii) as clause
and (d) COORDINATION.—In carrying out the
(ii);
(C) in subsection (e), in the matter pre- study under subsection (b), the Secretary
(iii) in subsection (d), by striking ‘‘on a
ceding paragraph (1), by striking ‘‘Director may coordinate with the Secretary of De-
competitive, merit-reviewed basis’’ and in-
serting ‘‘through a competitive process using of Science, Engineering, and Mathematics fense and the Secretary of the Interior.
Education’’ and inserting ‘‘Director of the (e) REPORT.—Not later than 2 years after
merit-based peer review’’;
(iv) in subsection (e)— Office of Science.’’. the date of enactment of this Act, the Sec-
(I) by striking the subsection designation (d) CONFORMING AMENDMENTS.—The table retary shall submit to the appropriate com-
and heading and all that follows through ‘‘To of contents for the America COMPETES ACT mittees of Congress a report describing the
be eligible’’ in paragraph (1) and inserting (Public Law 110–69; 121 Stat. 573) is amended results of the study under subsection (b).
the following: by striking the items relating to sections
‘‘(e) SELECTION PROCESS AND CRITERIA.—To 5004 and 5008. SA 1410. Mr. THUNE submitted an
be eligible’’; and SEC. 3040. REPEAL OF PRIOR LIMITATION ON amendment intended to be proposed to
(II) by striking paragraph (2); and COMPENSATION OF THE SECRETARY amendment SA 1407 submitted by Ms.
OF THE INTERIOR.
(v) in subsection (f)(1), by striking ‘‘non- MURKOWSKI and intended to be pro-
profit, nondegree-granting research organi- (a) IN GENERAL.—The Joint Resolution en-
posed to the bill S. 2657, to support in-
zations’’ and inserting ‘‘National Labora- titled ‘‘Joint Resolution ensuring that the
compensation and other emoluments at- novation in advanced geothermal re-
tories’’.
tached to the office of Secretary of the Inte- search and development, and for other
(3) SCIENCE EDUCATION PROGRAMS.—Section
3164 of the Department of Energy Science rior are those which were in effect on Janu- purposes; which was ordered to lie on
Education Enhancement Act (42 U.S.C. 7381a) ary 1, 2005’’, approved January 16, 2009 (5 the table; as follows:
is amended— U.S.C. 5312 note; Public Law 111–1), is re- At the end of subtitle B of title I, add the
(A) in subsection (b)— pealed. following:
(i) by striking paragraphs (1) and (2) and (b) EFFECTIVE DATE.—This section shall SEC. 12lll. UPPER MISSOURI BASIN HYDRO-
inserting the following: take effect as though enacted on March 2, POWER FEASIBILITY STUDY.
‘‘(1) IN GENERAL.—The Director of the Of- 2017. (a) IN GENERAL.—The Secretary shall con-
fice of Science (referred to in this subsection duct a study on the potential for hydro-
as the ‘Director’) shall provide for appro- SA 1408. Ms. MURKOWSKI submitted electric expansion and development in the
priate coordination of science, technology, an amendment intended to be proposed Upper Missouri Basin.
engineering, and mathematics education by her to the bill S. 2657, to support in- (b) CONTENTS.—The study under subsection
programs across all functions of the Depart- novation in advanced geothermal re- (a) shall include an examination of the po-
ment. search and development, and for other tential for adding hydroelectric capacity to
‘‘(2) ADMINISTRATION.—In carrying out purposes; which was ordered to lie on existing, nonpowered dams in the Upper Mis-
paragraph (1), the Director shall— souri Basin, including—
the table; as follows:
‘‘(A) consult with— (1) an assessment of dams with hydro-
‘‘(i) the Assistant Secretary of Energy with Amend the title so as to read: ‘‘A bill to electric capacity of 1 megawatt or more; and
responsibility for energy efficiency and re- promote clean American energy innovation, (2) for existing dams with a hydroelectric
dlhill on DSKBBY8HB2PROD with SENATE
newable energy programs; and strengthen national security, improve global capacity of less than 1 megawatt, the pos-
‘‘(ii) the Deputy Administrator for Defense competitiveness, and protect the environ- sible use of innovative technologies to add
Programs of the National Nuclear Security ment.’’. hydroelectric capacity.
Administration; and (c) COORDINATION.—In carrying out the
‘‘(B) seek to increase the participation and SA 1409. Mr. THUNE submitted an study under subsection (a), the Secretary
advancement of women and underrep- amendment intended to be proposed to may coordinate with the Secretary of De-
resented minorities at every level of science, amendment SA 1407 submitted by Ms. fense and the Secretary of the Interior.
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